iShrinker Terms & Conditions
By using the website or image shrinker service you agree to be bound by these Terms of Service, the Notice and Take Down policy and the Privacy & Cookie Statement.
You have read and understand:
Acceptance of the Terms and Definitions
The Terms of Service and underlying Notice and Take Down Policy (“NTD Policy”) and Privacy & Cookie Statement (“Terms”) are an agreement between you (“You”, “Your”, etc.), the user of our image shrink service (“Service”) provided through the website or domain iShrinker.com (“Website”), with its main office at Corso Magenta 63, Milan, Italy. iShrinker is the owner and rights holder of the Website and provider of the Service.
By accessing or using any part of the Website and/or using the Service You agree to be bound by these Terms, including the NTD Policy and Privacy & Cookie Statement that form an integral part of these Terms. In the event that iShrinker finds or is notified of presumed unlawful activity, iShrinker reserves the right to follow the procedure described in the NTD Policy. For more information on how iShrinker handles personal data and cookies, please see our Privacy & Cookie Statement.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and iShrinker. These Terms shall apply in preference to and supersede any and all Terms of any use of any kind by You. In case these Terms shall become partly invalid, You and iShrinker remain bound to the remainder of these Terms.
Note that iShrinker may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. WeTransfer recommends that You review the Website from time to time and take note of any changes. If You do not agree with the Terms, including the NTD Policy and Privacy & Cookie Statement, You should not or no longer access or use the Website and/or Service. By continuing to use the Website and/or Service You accept any changes made to the Terms, including the NTD Policy and Privacy & Cookie Statement.
Any image shrinked is treated confidentially. iShrinker does not provide any search function, catalogue or listing to find transfers that would be available. iShrinker will not look into your files, unless this is necessary and in line with our Privacy & Cookie Statement, for instance to provide You with (technical) support on Your request.
iShrinker provides one notification email to users of the Service: an upload confirmation to You with the link to download the JPEG shrinked file. Using the service means you accept to be added to the iShrinker mailing list to stay informed about improvements and changes of the Service and cool Kickstarter campaigns. You can unsubscribe from the mailing list anytime you want by clicking the “Unsubscribe” button available at the end of each e-mail sent.
The file is available for You to download as many times as You wish for the next 5 (five) days after the upload. This email contains: a download button that leads to the location within the Website where the recipient can directly and securely download the entire file at once. After 5 (five) days the shrinked JPEG download link will expire.
File ownership, permissions and responsibility
iShrinker does not claim any ownership of the contents of the files You upload through our Service. You are fully and solely responsible and accountable for the files You transfer through our Service. You’re responsible for your files. We don’t claim any ownership of your files. By using our Service You guarantee that You have, for each file, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Service.
iShrinker respects Your rights and demands that You respect those of iShrinker, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, service marks, trade names and logos. You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms or facilitate or promote others to do so.
Everything in this list is not allowed to be uploaded:
- Feature child pornography;
- Are obscene, defamatory, libelous, slanderous, profane, indecent or unlawful,
- Promote racism, violence or hatred; Are factually inaccurate, false, misleading or deceptive;
- You don’t have the right to copy and/or transfer;
- Infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
- Infringe on or violate any applicable law or regulation;
- Constitute "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
- Facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.
In addition, You agree not to:
- Impersonate or pretend affiliation with any person or entity;
- Access any non-public area’s of our Website or Service;
- Send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
- Attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related service, system or network or breach any security or authentication, unless You do so in accordance with our Responsible Disclosure Policy.
Violation of the Terms
iShrinker reserves the right to investigate, provide to third parties, (temporarily) block and/or remove from its servers, without warning, any transfers, files, wallpapers and/or Accounts or to block anyone from accessing any part of the Website or Service, when iShrinker ascertains, at their own discretion or after receiving substantiated and valid complaints, that You violate these Terms or act in violation of any applicable law or regulation. If you don’t stick to our rules, we always have the right to delete or block your email address without warning.
iShrinker provides its Service “AS-IS”, without warranty of any kind. Without limiting the foregoing, iShrinker explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. iShrinker makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at Your own risk. You acknowledge and agree that iShrinker is not responsible for any damages to Your computer system or the computer system of any third party that result from use of the Service and is not responsible for any failure of the Service or for the corruption or loss of any data, information or content contained in a file.
Indemnity and Liability
You will defend, indemnify and hold harmless iShrinker, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Service or Your violation of these Terms, including any third party claims that files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of iShrinker.com for the intentional and/or deliberate recklessness of iShrinker.com themselves (“their own acts”) and or the management of iShrinker.com.
In no event will iShrinker be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not iShrinker has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. iShrinker.com will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event iShrinker is liable for damage under mandatory law, iShrinker’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.
Applicable Law and Jurisdiction
All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of Italy. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Milan, Italy, unless stipulated otherwise by mandatory Italian or international laws. You waive any objection to jurisdiction and venue in the courts of Italy.
PRIVACY & COOKIE STATEMENT
iShrinker takes your trust and right to privacy seriously and processes as little personal data as necessary. Nevertheless, to enable you to use our service and to deliver, improve and secure our service, iShrinker needs to process some personal data. By using our service and/or registering an account you agree to have read and understood our Privacy & Cookie Statement as set out below.
You have read and understand:
iShrinker processes your personal data for the following purposes:
- Operating the service and/or the website;
- Providing (technical) support when you reach out to us;
- Following up on abuse reports, NTD Reports and fraud investigations;
- In so far as necessary: defending iShrinker in legal proceedings in relation to or as a result of your use of iShrinker, following a court order, abiding by any law, regulation or governmental request, cooperating with law enforcement, cooperating in fraud investigations from third parties, safeguarding national security, defense, public security or public health, and to uphold our Terms;
- Evaluating the use of our Website and Service as well as for statistical purposes. We only use the data in an anonymized and/or pseudonymized manner when we use your data for this purpose. This means that we cannot trace the data back to you;
- When you indicated so: enabling you to engage in actions, promotions or events we offer.
iShrinker does not sell or otherwise distribute your personal data to affiliate or third parties and will not use your personal data for any other purposes then stated above. When iShrinker uses your data for evaluation of the use of our Website and Service as well as for statistical purposes, we only use the data in an anonymized and/or pseudonymized manner.
When using the iShrinker service, iShrinker processes the following (personal) data:
- Your IP-address;
- Your email address;
- File names, sizes and types;
- Country and language settings;
- Browser type and version;
- Operating System.
When you indicate that you want to engage in certain actions, promotions or events, we may reach out to you for the opportunity to participate.
iShrinker stores these data for a maximum of 12 months from the expiration date of the transfer, after which all data are anonymized. After anonymization of data, we cannot link it to you anymore. The file or upload itself is stored on iShrinker’s servers for a period of 5 days, where after it is automatically deleted from our servers.
iShrinker places several cookies on your computer for the purpose of facilitating your use of the service and to find out how the service may be improved. Cookies are small text files that are stored on your computer by your browser when you visit a website. Our website can place these cookies for the following purposes:
- Functional cookies are used to provide functionalities when using our service, such as the possibility to set preferences or to remember your previous recipients.
- Analytical cookies are used to optimize our service. For example to optimize the usability of our website, to make the website more user-friendly and to analyze how you use our website.
- Advertisement cookies are used for commercial, editorial and promotional purposes. With these cookies your internet- and surf behavior can be followed over various domains and websites. Advertisement cookies are often placed by third parties. iShrinker does not have access to or control over ((personal) data collected via) these cookies or other features that advertisers and third parties may use. Our Privacy & Cookie Statement is therefore not applicable to these cookies, and we refer you to their Privacy Statements to read how they handle (personal) data.
If you would want to remove certain cookies, or block them from being stored in your browser, it is possible to arrange this through your browser settings for cookies. You can find these settings under the Privacy tab in the Preferences section of most browsers. Here you can specify your cookie preferences or remove cookies. Please note that if you remove or refuse iShrinker cookies, the service might not function in optimal form.
iShrinker has several partners to operate the service. When we cooperate with third parties and they process your personal data on our behalf, we make sure your personal data will be handled with the same integrity and security as we do.
iShrinker takes appropriate technical and organizational measures to protect your personal data against loss or other forms of unlawful processing.
The (personal) data of iShrinker users residing in the EU, stays in the EU. If you use our service from a location in the European Union, we make sure to keep all your personal data on servers in the EU. If you use our service from somewhere outside the EU, your data are stored in the US.
You are only allowed to use our website and/or service when aged 16 and over, unless we have consent of your parents or legal guardians.
Right to object
You have a right to object to our use of your personal data. If you inform us that you do not longer wish us to process your personal data or to be approached, iShrinker will move your information to a separate file. Your data will no longer be used for the abovementioned purposes. You can request this via email@example.com. Please state clearly that your request concerns a privacy matter and more specifically that you exercise your right to object.
If you think we have infringed your privacy rights, you can lodge a complaint with the relevant supervisory authority. You can lodge your complaint in particular in the country where your live, your place of work or place where you believe we infringed your right(s).
Withdrawal of consent
When you provided your consent to us to process your personal data, you can withdraw your consent any time, without affecting the lawfulness of processing activities based on consent before its withdrawal. If you withdraw your consent, we will no longer process your personal data.
Revisions to the Privacy & Cookie Statement
Note that iShrinker may revise this Privacy & Cookie Statement from time to time. Each revised version shall be dated and posted on the website. iShrinker recommends that you review the website from time to time and take note of any changes. If you do not agree with the Privacy & Cookie Statement, you should not or no longer access or use the website and/or service. By continuing to use the website and/or service you accept any changes made to the Privacy & Cookie Statement.
NOTICE AND TAKE DOWN POLICY
iShrinker respects your rights and expects that you respect the rights of others. In the unfortunate event that iShrinker finds or is notified of unlawful files or content being distributed through it's Service, we will follow the procedures described in this Notice and Take Down Policy.
By using our website or file transfer service, you agree to be bound by our Notice and Take Down Policy below.
Any person or organization that makes a Report ("Notifier") has the duty to ensure that it is correct and complete.
iShrinker should be able to verify that Reports following an investigation regarding a criminal offence have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information:
- Notifier’s contact details, name, function, organisation, address, email address);
- all information iShrinker needs in order to evaluate the lawfulness of the disputed content, including its location (URL);
- motivation of the reason(s) why iShrinker is the most appropriate intermediary to deal with the matter.
Notifier will provide iShrinker with an explicit indemnity against 1) claims from the user who’s content is at dispute ("Content Provider") relating to any actions iShrinker has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.
Notifier might request iShrinker to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. iShrinker determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.
iShrinker shall evaluate the Report and classify it into one of three categories:
- punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
- unequivocally unlawful (onmiskenbaar onrechtmatig) content and/or punishable content reported by other sources than the authorities listed under 1);
- and all other content, falling neither under category 1) or 2).
iShrinker's categorisation of the Report determines which measures are taken to address the Report.
- In the event that iShrinker determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), iShrinker ensures that the content concerned is immediately removed;
- In the event that iShrinker determines that the content concerned is not unequivocally unlawful or punishable, in other words falls under the above mentioned category 3), the content concerned shall not be removed. iShrinker will inform Notifier accordingly;
- In the event that iShrinker is not or unsufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, iShrinker will inform Content Provider about the Report with the request to (i) allow iShrinker to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a Dutch court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, iShrinker has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.
Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.
In the events that content is to be removed, iShrinker shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed.
RESPONSIBLE DISCLOSURE POLICY
Security researchers and the Internet community play an important role in keeping iShrinker secure. If you believe you have found a vulnerability in our service, we encourage you to report this vulnerability in accordance with this Responsible Disclosure Policy so we can work together to ensure the safety and security of our service and users.
This policy explains how to report a vulnerability and how we will respond to such reports. We’ve made an effort to make this policy as easy and clear as possible, but do let us know if there are things you don’t understand. You can contact us at firstname.lastname@example.org.
If you believe you have discovered a security vulnerability in the iShrinker service, please send an email to email@example.com with a thorough explanation of the (characteristics of the) vulnerability (Authentication/Authorisation, CSS, CSRF, XML, SQL, etc.). Please include information detailing how to reproduce the problem.
How soon will we respond?
We aim to take action on your first report within 24 hours. Your report will routed to an investigator on our staff who will analyze and classify the vulnerability. The investigator may contact you directly to discuss further details and ensure they understand the report fully. You will receive a digitally signed confirmation of receipt of your report and how to contact your designated case handler to discuss the next steps. We will keep you updated on the progress during the process.
iShrinker will, within reason, hold blameless anyone who in good faith penetrates our site, and in the process of exploring or experimenting, extracts a small amount of sensitive data, as long as that person promptly notifies iShrinker and destroys any data collected.
If you follow the rules of this responsible disclosure policy and act in good faith, iShrinker will not take legal action against you or ask law enforcement to start criminal investigations. Not acting in good faith includes, but is not limited to:
- providing any information with regard to the vulnerability to any third party without the consent of iShrinker;
- misusing the vulnerability in any way; or
- copying, deleting or altering any of the iShrinker related data you have gained access to.
Legal action can be taken against disclosers of whom iShrinker suspects that they did not act in good faith when penetrating the website or any related systems.
If you have questions about the way iShrinker processes your personal data or the personal information iShrinker stores about you, our Responsible Disclosure Policy or our Privacy, Cookie and NTD Policy please contact iShrinker by sending an email with your question to firstname.lastname@example.org. We speak English and Italian.