NukedGallery Acceptable Use Policy (AUP)
NukedGallery offers you a wide variety of online products and services, including general and personalized content, communication tools and forums on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update with advance notice (or without notice at our discretion). You must be at least 18 years old and competent to enter into a contract to use the Service. If you are under the age of 18, a parent or legal guardian who is competent will enter on your behalf and take full responsibility for you. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.NukedGallery.net, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by NukedGallery.
Treat others with respect and behave yourself. Don't do anything disruptive or illegal. By using this Service you agree to our rules and guidelines. If you disagree, stop using this Service immediately. NukedGallery is not responsible for the misuse or illegal use of any of the information and/or the software listed on the Service.
Your Responsibility For Content & Conduct
You are responsible for any content that you post or transmit on or through the Service. You will not use the Service to distribute, link to, or solicit content that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
- includes personally identifiable information about children;
- infringes someone else's intellectual property or other rights;
- advocates or solicits violence or other criminal conduct;
- violates any law, regulation, or contract;
- promotes participation in multi-level or pyramid marketing initiatives;
- constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
- specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Michigan, Florida, or the domicile of either the distributor or recipient;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as NukedGallery specifically authorizes;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
- contains pirated or illegal software or crack serial numbers that are designed to circumvent proper software licensing and registration;
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service.
You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.
Security / No Disruption
You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of NukedGallery. You waive any claim resulting from your exposure to material on the Service that is offensive, indecent, or otherwise objectionable.
Links to Third-Party Sites
We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.
Links to The Service
If you wish to link from your website to the NukedGallery site, please link to the NukedGallery Home Page (http://www.NukedGallery.net). You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Service, provided that the link does not portray the Service, NukedGallery, or NukedGallery members in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Service or any NukedGallery content.
You agree to indemnify, defend and hold harmless NukedGallery, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the AUP or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The AUP will inure to the benefit of NukedGallery's successors, assigns and licensees.
Your email address is used only for confirming your registration details, password (and for sending new passwords should you forget your current one), or receiving newletters if you subscribe. NukedGallery mailing lists are opt-in, if you do not opt-in, you will not receive any newsletters from these lists. The Forums at NukedGallery also have the ability to send you emails informing you of replies if you so elect. Please refer to the Notices section below.
Paid Support Services
Paid support options are available from this site. Unless otherwise noted and/or documented (via email), all payment is due prior to the start of the support call. By submitting to and agreeing to a paid support request, you are entering into a legally binding contract between yourself and NukedGallery. You have a two (2) day right of rescission, during which point you may cancel your support request. However, if the work has begun and is proceeding to your satisfaction, or the work has already been completed to your satisfaction within the 2 day period, payment must be made promptly. Once the 2 day period has passed, if you fail to follow up to a support team member's communications, and this failure results in the inability for the support team member to complete the requested job, you must either: 1) resume prompt communications with the team member to facilitate the completion of the job, or 2) submit full payment for the job and ask for the job to be canceled. For services which require partial payment up front, followed by the balance being paid upon completion of the work, outstanding balances must be paid off no later than ten (10) days following completion of work as indicated by a PayPal invoice, unless prior written arrangements have been made and agreed to by both NukedGallery.net and the user requesting the services. Late payments will incur a 50% late penalty fee. Failure to pay will result in legal action being taken against the offending party.
Cookies are placed on your system so that whether as a registered member or not, the Service will maintain for you your personal Service configurations like Language. As a registered member, the cookies will also log you back in automatically upon Service visitation. These cookies are used only by the Service to enhance your stay and are not used for any kind of tracking.
In order to ensure that NukedGallery is able to provide high quality services which are responsive to customer needs, you must consent to NukedGallery employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. NukedGallery shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of AUP may result in immediate deletion of a users account.
All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of NukedGallery's services, or violated this AUP.
Forum Posting Guidelines
The guidlines for posting in the Forum discussion area of this site are available here. Please note that all guidelines that pertain to the Forums are also applicable to Private Message communications. The administration of this site reserves the right to monitor Private Messages for unauthorized use. Violators will be warned and/or prosecuted.
General Disclaimer / Limitation of Liability
THE SERVICE AND THE MATERIALS ARE PROVIDED BY NUKEDGALLERY ON AN "AS IS" BASIS, AND NUKEDGALLERY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL NUKEDGALLERY BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS, IRRESPECTIVE OF WHETHER NUKEDGALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE ACCEPTABLE USE POLICY TO BE UNENFORCEABLE, THE REMAINDER OF THE ACCEPTABLE USE POLICY WILL CONTINUE IN FULL FORCE AND EFFECT.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF NUKEDGALLERY'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NUKEDGALLERY'S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
It is not acceptable to use NukedGallery for any purposes which violate U.S. or state laws. Users of NukedGallery shall not deploy leeching, data-mining, web-mirroring or web-copying of any kind against the site. Any such effort will be construed as an attempt to duplicate copyright data, and/or to destabilize the operation of the website. NukedGallery employs active log checking in order to identify users who ignore this condition of use, and will investigate fully any suspected cases.
NukedGallery respects user privacy. NukedGallery does not disclose rent or sell your email address or any other information we may receive to any third party, unless you specifically request it. In registration, NukedGallery requires a username and an email address. All other details are optional. NukedGallery may disclose individual account or user information in cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating NukedGallery AUP or may be causing injury to or interference with (either intentionally or unintentionally) NukedGallery's rights or property, other NukedGallery users, or anyone else that could be harmed by such activities. NukedGallery may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services. Please note that with each page visited, your IP address is recorded, in the event that you need to be banned from the Service or your ISP contacted. This will only happen in the event of a major violation of this agreement.
NukedGallery may install banner advertisements to help augment the costs of running the site.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Sponsorships, in the form of text and/or image-based links, may be purchased from the operators of this site at the posted rates. Any modifications to the posted rates must be agreed upon prior to any links going "live" on this site.
Payment must be made via Paypal, utilizing the subscription function, to ensure timely monthly payments are made. If the sponsor chooses to cancel for any reason, notice must be provided via email, and the link will be terminated. No partial month refunds will be provided when the sponsorship is cancelled. It is the responsibility of the subscriber to cancel any automatic payment mechanisms when requesting the removal of a link from the site.
Modifications to this policy
NukedGallery reserves the right to modify this policy at any time without prior notification at our discretion. The responsibility to stay informed of any changes to this policy remains solely on you.
Notices to you may be made by email via newsletter, or posted prominently on the Service.
Questions related to the NukedGallery Acceptable Use Policy should be addressed to:
NukedGallery users authorize NukedGallery to use, reproduce, transmit, store and display any user-supplied content (including message board postings and replies) for any purpose in any and all media.
This AUP constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the AUP will be effective only if in writing and signed by NukedGallery.