Please read this Agreement carefully before accessing or using the site. By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then please do not access the site or use any services. If these terms and conditions are considered an offer by Rapify, acceptance is expressly limited to these terms. The site is available only to individuals who are at least 13 years old. Persons over the age of 18 may purchase an offer on the site or through partner sites, as may persons over the age of 13 when in conjunction with their parent or guardian who is over the age of 18.
1. YOUR Rapify ACCOUNT
You must immediately notify Rapify of any unauthorized uses of your account, your account or any other breaches of security. Rapify will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. RESPONSIBILITY OF USERS.
If you comment on a blog, post material to the site, post links on the site, or otherwise make (or allow any third party to make) material available by means of the site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Rapify or otherwise.
While Rapify periodically reviews the site and its content, the user agrees to these Responsibilities of Use understanding that any violation may incur removal and revocation from the site.
3. CONTENT SUBMISSION.
By submitting Content to the Site, you grant Rapify a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content. If you delete Content, Rapify will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Rapify has the right (though not the obligation) to, in Rapify’s sole discretion (i) refuse or remove any content that, in Rapify's reasonable opinion, violates any Rapify’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Rapify's sole discretion.
4. CONTENT POSTED ON OTHER WEBSITES.
We have not reviewed, and cannot review, all of the material made available through the Site, webpages and mobile application to which https://www.rapify.net links, and that link to https://www.rapify.net. Rapify does not have any control over those non-Rapify websites and webpages, and is not responsible for their contents or their use. By linking to a non-Rapify website or webpage, Rapify does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rapify disclaims any responsibility for any harm resulting from your use of non-Rapify websites and webpages.
5. COPYRIGHT INFRINGEMENT AND DMCA POLICY.
As Rapify asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Rapify violates your copyright, you are encouraged to notify Rapify. Rapify will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Rapify will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Rapify or others.
6. INTELLECTUAL PROPERTY.
This Agreement does not transfer from Rapify to you. Any Rapify or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rapify. Rapify, https://www.rapify.net, the Rapify logo, and all other trademarks, service marks, graphics and logos used in connection with Rapify, or the Site are trademarks or registered trademarks of Rapify or Rapify's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Rapify or third-party trademarks.
Rapify reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is yinclude 'index.php'; our responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Rapify may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Rapify may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Rapify account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. DISCLAIMER OF WARRANTIES.
The Site is provided "as is". Rapify and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rapify nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
10. LIMITATION OF LIABILITY.
In no event will Rapify, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Rapify under this agreement during the six (6) month period prior to the cause of action. Rapify shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. GENERAL REPRESENTATION AND WARRANTY.
You agree to indemnify and hold harmless Rapify, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Rapify reserves the right to anonymously track and report a user's activity inside of the app.
This Agreement constitutes the agreement between Rapify and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rapify, or by the posting by Rapify of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rapify may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.