Terms of Service

PLEASE READ THESE TERMS BEFORE USING THE ONLINE IMAGE OPTIMIZER.

By uploading an image to onlineimageoptimizer.com, or by otherwise using the site (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

The Service is provided by ScientiaMobile Inc., a corporation incorporated in the State of Delaware, USA, with principal offices at 12110 Sunset Hills Road, Suite 600, Reston, VA 20190 (“ScientiaMobile,” “we,” “us,” or “our”).

1. The Service

1.1 What the Online Image Optimizer Does

The Service accepts an image you provide — either uploaded from your device or retrieved from a public URL you supply — and returns a set of optimized versions of that image in several formats and sizes, together with an HTML <picture> snippet you may use on your own website. Optimization is performed by ImageEngine, ScientiaMobile's image content delivery network.

1.2 A Free, Unregistered Service

The Service is available without registration, account, or payment. We do not ask you for a name, an email address, or any other contact detail in order to use it. ScientiaMobile may set and adjust usage limits, including limits on file size and request rate, at its discretion.

1.3 Nature of the Service

The Service is a free image-optimization utility, powered by ScientiaMobile technologies including WURFL.js device detection and ImageEngine image optimization. It may also demonstrate the capabilities of those technologies. It is not an image-hosting service, a backup service, or a long-term storage service, and it must not be relied upon to preserve your original or optimized images.

1.4 Reliance on WURFL.js and ImageEngine

The Service loads WURFL.js, ScientiaMobile's device detection library, in order to adapt the interface to the device you are using. Images are processed and delivered through ImageEngine. Your use of the Service is subject to those components operating as part of the Service.

2. Your Images

2.1 You Keep Your Rights

You retain all rights in the images you submit. ScientiaMobile claims no ownership of them.

2.2 Limited Licence to Operate the Service

You grant ScientiaMobile a limited, non-exclusive, royalty-free licence to store, transmit, resize, re-encode and deliver the image you submit, solely for the purpose of providing the Service to you. This licence ends when the image is deleted.

2.3 Automatic Deletion

Images submitted to the Service are deleted automatically after a short period. You should download any output you want to keep before then. We do not undertake to recover a deleted image, and we cannot do so.

2.4 Optimized Copies Are Served From a Public Address

In order to display and deliver your optimized images, each submitted image is stored at an address on ScientiaMobile's content delivery network that is reachable without authentication. That address includes a randomly generated component that is not guessable and is not published, indexed, or listed by us. Nevertheless, anyone who obtains the address can retrieve the image while it remains available. Do not submit images you are not willing to have retrievable in this way.

2.5 Cached Copies

Copies of delivered images may persist in content delivery network caches, and in your own browser's cache, for a period after the original has been deleted from our storage.

3. Acceptable Use

3.1 What You Must Not Submit

You must not submit to the Service any image or URL that:

• you do not have the right to submit, or which infringes the intellectual property, privacy or publicity rights of any person;
• is unlawful in any jurisdiction from which the Service is reachable, including any depiction of the sexual abuse or exploitation of a minor;
• depicts a person without any consent required by applicable law;
• is defamatory, harassing, or intended to intimidate or threaten any person;
• contains malicious code, or is intended to be used in phishing, fraud, or the impersonation of any person or organisation.

3.2 What You Must Not Do

You must not: use the Service as an image host, a file host, a backup, or a content delivery service for a site or application of your own; automate or script access to the Service; circumvent usage limits; attempt to access images submitted by anyone else; or interfere with the operation, integrity or security of the Service.

3.3 Enforcement

ScientiaMobile may remove any content, and may block any user or address, at its sole discretion and without notice. ScientiaMobile does not monitor submissions and does not undertake to review, screen, or moderate them. Nothing in these Terms obliges ScientiaMobile to act on any report, and ScientiaMobile's decision not to act in a particular case does not waive any right.

4. No Warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ScientiaMobile does not warrant that the Service will be available, uninterrupted, or free of error; that any image will be processed successfully or at any particular quality; or that any image will remain available for any period. The Service may be modified, suspended or withdrawn at any time without notice.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCIENTIAMOBILE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF IMAGES, LOSS OF PROFITS, OR LOSS OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Service is provided free of charge. To the maximum extent permitted by law, ScientiaMobile's total aggregate liability arising out of or in connection with the Service shall not exceed one hundred United States dollars (USD 100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you.

6. Indemnity

You agree to indemnify and hold harmless ScientiaMobile, its officers, employees and agents from any claim, demand, loss or expense, including reasonable legal fees, arising out of any image or URL you submit to the Service or any breach by you of these Terms.

7. Advertising

The Service displays advertising supplied by third parties, including Google. ScientiaMobile does not select, endorse, or accept responsibility for the content of any advertisement, or for any site an advertisement links to. See the Privacy Notice for how advertising affects your data.

8. Intellectual Property

The Service, including its software, interface, text and design, and the WURFL and ImageEngine technologies, are owned by ScientiaMobile and protected by intellectual property law. These Terms grant you no right in them beyond the right to use the Service as intended. WURFL and ImageEngine are trademarks of ScientiaMobile Inc.

9. General

9.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict of laws rules. The courts located in the Commonwealth of Virginia shall have exclusive jurisdiction over any dispute arising out of these Terms.

9.2 Changes to These Terms

ScientiaMobile may amend these Terms at any time by posting an updated version at this address. Your continued use of the Service after an update constitutes acceptance of the amended Terms.

9.3 Severability and Waiver

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. A failure to enforce any provision is not a waiver of it.

9.4 Entire Agreement

These Terms, together with the Privacy Notice, constitute the entire agreement between you and ScientiaMobile in respect of the Service.

9.5 Contact

Questions about these Terms may be sent to privacy at scientiamobile dot com.