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RapidGallery Terms of Service

1. 'RapidGallery®' refers to the RapidGallery® Corporation and this website, and excludes its shareholders, owners, or operators.
2. 'File' refers to any document uploaded to RapidGallery® and/or any document stored on RapidGallery®'s servers.
3. 'User' refers to the individual who uploads files to RapidGallery®, has uploaded files to RapidGallery®, or accesses files from RapidGallery®.
4. 'URL' refers to the location of any file located on RapidGallery®'s servers.

RapidGallery® reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLS. The changing of RapidGallery linking codes is prohibited without prior permission.

The following types of files may not be uploaded under any circumstances:

• Files that are pedophiliac. This includes, but is not limited to, persons under the age of 18 either posing as "models" or taking part in otherwise sexually implicit or explicit situations.
• Files that are illegal and/or are in violation of any United States laws pertaining to digital content usage.
• Files that are pornographic. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
• Files that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as files for which user lacks usage and/or distribution permissions.
• Files that are not of the allowed filetypes. This includes archived non-image files.
• Files whose intended use or purpose is:
  • to harass individual or multiple persons.
  • to show evidence of the black-hat hacking of systems to which user does not have authorized access.
  • the promotion of products or services through direct advertisements for the purpose of commercial profit, without first attaining the permission of RapidGallery®. This includes, but is not limited to, email spam and banner advertisements.

To report infringements to the above-mentioned clause, please email the Abuse Department.

Uploading any type of the above-mentioned files may result in:

• The immediate termination of user's ability to use RapidGallery® or any of its provided services. A banned user may experience the following consequences:
  • The RapidGallery® website may not load.
  • All RapidGallery®-hosted images may not load.
  • All images and accounts related to the infringement will be subject to deletion.
  • Prosecution

RapidGallery® will not hesitate to completely ban any domain which uses RapidGallery®'s services without regard to RapidGallery®'s Terms of Service.

If a domain has the following strings of characters, it will be banned regardless of the above-mentioned clauses: "toplist", "topsites", "porn", "hentai".

All information provided by User is strictly confidential. RapidGallery® reserves the right to distribute aggregated demographic information provided by User, but RapidGallery® will never release the name or other personal information about User without User's permission. However, RapidGallery® reserves the right to release current or past member information in the event that:

• RapidGallery® believes that User's use of RapidGallery® is being or has been in violation of the Terms of Service.
• User has committed unlawful acts.
• The information is subpoenaed.
• RapidGallery® deems it necessary or appropriate.

Ignorance of these Terms of Service will not be considered a justification for non-applicability of said Terms of Service. These Terms of Service are subject to change without notice. RapidGallery® directs full legal responsibility of the contents of the files that are uploaded to RapidGallery® to individual users.

All files are © to their respective owners. All other content © RapidGallery®. RapidGallery® 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 RapidGallery® may be reproduced or recreated without explicit written permission by operators of RapidGallery® and certified written verification by Notary Public.

User agrees that the use of RapidGallery®'s services is entirely at User's own risk. RapidGallery®'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.

RapidGallery® makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of RapidGallery®'s services. In no event shall RapidGallery® 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 RapidGallery®'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.

User agrees to indemnify and hold RapidGallery® harmless from any loss, liability, claims, damages and expenses, including attorneys 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.

RapidGallery® may perform maintenance services as RapidGallery® determines reasonably necessary. User acknowledges that such maintenance may require downtime. RapidGallery® will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond RapidGallery®'s control limit the ability to do so.