Terms of Service
Summary
Don't upload anything that can be even remotely construed as illegal, pornographic, copyrighted, harassment, or spam. If you do, we will ban you, delete all your images, prevent you from viewing any images hosted on Upload3r, and report you to the proper authorities (if necessary).
- 'File' refers to any document that has the potential to be uploaded to Upload3r.
- 'User' refers to the individual who uploads files to Upload3r, has uploaded files to Upload3r, or accesses files from Upload3r.
- 'URL' refers to the location of any file located on Upload3r's servers.
2. Terms of Service
Upload3r reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLs. Changing Upload3r linking codes is prohibited without prior permission.
The following types of files constitute "abuse" may not be uploaded under any circumstances:
- Pornographic files. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
- Files that are illegal and/or are in violation of any United Kingdom laws.
- Files that infringe on the copyrights of any entity excluding the user.
- Non-image or non-swf files. This includes archived non-image files.
- Files intending to harass or spam, or promote anything for commercial profit.
If any domain hotlinks to abusive files, any file hotlinked on that domain will be removed, and the domain's owner must ensure the quick removal of any hotlinks on that domain.
Uploading abusive files may result in the immediate termination of the user's ability to use Upload3r or any of its provided services. The Upload3r website may not load, all Upload3r-hosted files may not load, and all files and accounts related to the abusive files will be subject to deletion. Circumventing Upload3r's ability to enforce the Upload3r Terms of Service will result in prosecution.
To report any type of abuse, send an email using the information provided on the home page.
3. Privacy
All information provided by the user is strictly confidential. Upload3r reserves the right to distribute aggregated demographic information provided by the user, but Upload3r will never release any personal information about the user without permission. However, Upload3r reserves the right to release user information if user has violated the Upload3r Terms of Service, if the user has committed unlawful acts, if the information is subpoenaed, or if Upload3r deems it necessary or appropriate.
4. Legal Policy
Upload3r Terms of Service are subject to change without notice.
All files are © to their respective owners. Upload3r directs full legal responsibility of files to their respective users. All other content © Upload3r. Upload3r is not responsible for the content of 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 Upload3r may be reproduced or recreated without explicit written permission by operators of Upload3r and certified written verification by the site owner.
5. Limitation of Liability
User agrees that the use of Upload3r's services is entirely at User's own risk. Upload3r'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.
Upload3r makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of Upload3r's services. In no event shall Upload3r 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 Upload3r'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.
6. Indemnity
User agrees to indemnify and hold Upload3r 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.
7. Maintenance
Upload3r may perform maintenance services as Upload3r determines reasonably necessary. User acknowledges that such maintenance may require downtime. Upload3r will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond Upload3r's control limit the ability to do so.
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