AGB's

Willkommen auf den AGB's von Uptodo.net. Bitte lies diese komplett durch.


Uptodo.net (hereinafter referred to as the “Site”, and collectively “Uptodo”), a file hosting and online storage Site for Users. Uptodo is offered to you in the conditions of your acceptance without any modifications of the terms, services, and notices contained herein (hereinafter referred to as the “T&C”). You will find that we are in strict compliance with the Council of Europe Convention on Cybercrime and the provisions regulated under the Cyprus Cybercrime legislation. By the way of accessing, registering, transacting, downloading, and/or uploading to Uptodo, you accept your legal obligation of agreement to such terms of usage. It is said that we reserve the sole right, at our legal discretion, to modify or change the below stated T&C, at any time, which is offered. You will find that the most current version of the T&C will supersede any and all previous versions. Furthermore, it is your legal obligation to review and acknowledge both the usage of the Site and T&C carefully and upon acceptance of all the terms set forth.

ALL USERS OF THE SITE:
All Users declare that they are at least the legal age of 18 when uploading or downloading any content and/or hosting any files stored while using Uptodo, and agree that they are entering into a legally binding agreement between Uptodo and accept all responsibilities and duties of content uploaded or downloaded on the Site. In case you are under the age of 18, you must have the legal consent from a parent or guardian before entering this Site. We have the legal right to purge any violator, which we believe may not be of legal age and/or have the intentions of illegal activities.After registration, a User agrees with the automatic processing, usage, and distribution of any personal data that may be specified upon registration or, next, as regards to the Service usage. You may establish an account with us to earn money by being compensated for every download of your files or every time a premium membership is sold to customers that you happen to bring into connection with Uptodo.

All Users are responsible for maintaining the confidentiality of their information and for restricting access to their computer, and agree to accept a responsibility for all activities that occur under their account. We reserve the legal right to refuse, cancel, or terminate accounts, and/or remove or edit content in our sole discretion and will act under any legal order, direction or request to disclose the identity or other information relating to anyone violating the usage of these T&C. Thus, all Users shall agree to the following:You do not in any way imply that Uptodo or the Siteis endorsing any services unless this has been specifically agreed upon;

You do not misrepresent your relationship with Uptodo or Site, or present any false information about us;
You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
You agree not to upload or download and/or store and have Uptodo host any illegal materials;
You agree that this Site is meant strictly forfile hosting and storage for legal purposes when using Uptodo;
You will not link to a website that is not owned by you;
You do not have any materials that contain any content that is offensive, controversial, infringes any intellectual property rights or other rights of any third person; including, but not limited to, moral rights, passing-off, defamation, contempt of court, sub judice “under judgment”, privacy or confidence;
You grant Uptodo and the Sitean irrevocable, perpetual and transferrable license to use and reproduce any content in any manner (whether now known or in the future devised). This includes the right to edit, adapt, modify, change, add to, and detract from the content, which is posted on the Site;
You agree that we can materially alter any content and use it in any manner and for any purpose with or without attribution to you;
You agree not to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software or any related attacks of hacking;
You agree that you will not use contextual advertising network, such as Yandex Direct, Google Adwords, Bing Ads etc, to distribute their files;
You agree that any linked website is our sole property and the property of those sited website links;
You agree that we are not responsible for any third party website link or such links asreformal.ru, memori.ru, moemesto.ru, bobrbobr.ru, vk.com, Facebook, or Twitter that you use onthe Site;
You agree that you will not use the content accessed through Uptodo and the Sitein any country or in any manner prohibited by any applicable laws, restrictions or regulations;
You agree that we are entitled to freeze in full or in part, without preliminary notification, accounts used for cheating;
You agree that we are entitled to freeze in full or in part, without preliminary notification, users who made referral-accounts for themselves;
You agree that we are entitled to freeze in full or in part, without preliminary notification, accounts used for distribution of related files (archives of different volume, etc.);
You agree that we are entitled to freeze in full or in part, without preliminary notification, accounts used for distribution of files with a secret access code, which users can buy using an SMS-service;
You agree that we are entitled to freeze in full or in part, without preliminary notification, users who distribute their premium accounts. All premium accounts can only be used by its owner;
You agree as a User that you can purchase not more than 2 extended options of the Service during a 24-hour period; and
You agree that you will obey all disclaimers, release agreements, and/or any other form used by Uptodo and the Site.

PROHIBITED CONTENT:
Users should be aware that posting and/or uploading certain materials is subject to approval and may at the discretion of Uptodo be disbarred from the Site. We will not allow any of the following content relating to:

Pornography or child pornography, sexually explicit postings and/or content;
Promotions dealing with escort services, dating services, illegal goods, illegal drugs and/or actions relating to any terrorist activities;
Providing materials that illustrate any hatred towards others that may or may not be slanderous, grossly offensive, expressions of prejudice or lewd blatant profanity that involves violence, harassing, bullying and otherwise objectionable content;
Services that result in spamming and/or any pyramid schemes or gambling;
Posts that promote instructions to encourage destructive or illegal actions against any governments, organizations or law enforcement agencies;
Content that introduces the use of any harmful viruses, codes and/or Trojan Horses;
Content that would violate any copyrights, trademarks, and/or patents within the Site of Uptodo or any third party without the explicit written consent of the sole owner; and
It is prohibited for the User to write or develop objectionable electronic mail (SPAM) via the Service and use expansion references to their materials placed within the Service.
Therefore, you agree that you will not violate any of the above provisions or additional provisions from time to time added by Uptodo and hold us liable for any illegal or prohibited content. In case you are found to be in violation of any prohibited content that contradicts our policies and/or even results into any criminal or civil laws violation, you willbe subject to being disbarred and removed from the Site and reported to all local and international authorities within but not limited to the jurisdictions of Uptodo, or any other jurisdiction that considers any cross-border criminal act to be prosecuted. We will not hesitate to provide data and work closely with any authority in the act of good faith to bring justice. You may as well contact us in case you consider any activity to be illegal or in any such violation of our policy with prohibited content. In the future, in case you happen to come across or find any illegal activities and/or content that may result in child pornography, you may report this to the following organizations:

LIMITATION OF DOWNLOADING
All file downloading is prohibited for the U.S. and Cyprus visitors of Uptodo and/or the Site and prohibited purchase a premium (paid) account, but the U.S. and Cyprus visitors may upload files.

EXPORT CONTROL VIOLATIONS
Exporting encryption software over the Internet or otherwise to points outside Cyprus is prohibited by Uptodo.

TECHNICAL SUPPORT
In case you needthe Technical Support services, you may contact itany time Monday – Saturday, 12.00am - 6.00pm CET.

PREMIUM ACCOUNT SERVICES
All Users that signup for a (paid) premium account will receive certain benefits that a normal free User is not provided with. Those benefits are described herein on the Site and include the type of membership fees that may be encountered with the choice of membership type. You hereby agree that Uptodo reserves the right to revise any of the benefits and that fees charged may change from time to time without any prior notice. However, we will not reduce any benefits provided to a paid User during the timeframe of their paid membership type.

We may at anytime in the future begin charging fees for those services currently provided to Users that use our free services, at any time, with or without any prior notice.

Limits of premium account:
A user with a premium account can download files totaling up to 25 GB per day and up to 300 GB per month.
Premium account can be used from 10 different IP ranges during the day.
A user with a premium account can download up to 500 files per day.

RESELLERS
Resellers who establish accounts with Uptodo will be offered premium accounts for resale in accordance with the Uptodo Reseller Terms and Signup. By becoming a Reseller, you also agree to comply with the Uptodo and General Intellectual Property Rights and Privacy Policy that is hereby governed bythese T&C. Additional information may be found on this Site through the Resellers page.

PAYMENT TERMS
All payments will be confined to an online transaction gateway or through SMS payments available on the Site such as a1pay.ru, smscoin.ru, or smsonline.ruand/or through PayPal, Webmoney, Payza, RBKMoney, ebank2pay, and Yandex Money. Therefore, Uptodo has no other affiliation with PayPal, Webmoney, Payza, RBKMoney, ebank2pay, and Yandex Money, along with SMS payments from a1pay.ru, smscoin.ru, and smsonline.ru,except for transactions, nor any affiliation with any third party links or financial facilities. The EU consumers using the Site may use direct debit. We may in the future change and/or add additional payment methods.

A payment for extended options of the Service isa payment for the extensive Service facilities usage, such as a wider data transfer channel, and cannot be regarded as a file content purchase payment.

To obtain extended services, you must select the most suitable method of payment and then follow the instructions that are given.

CANCELLING & REFUNDS
All Users can cancel their premium account at anytime and request a refund of their money. However, you must have a reasonable cause for failure of services such as if we determine that a User was billed but in fact did not receive a code and/or a non-working code to establish an actual paid service with Uptodo. We have the right at our own discretion to give a User a refund in case they are found to be unsatisfied with the quality of the Service, which may include slow download speeds, even if this is perhaps the fault of any third party. Furthermore, it is your ultimate responsibility to inform us about it and we are not hereby responsible for any liability for cause of canceling or giving a refund until you have contacted us in regards to any of the above.

ELECTRONIC COMMUNICATION
We are governed by the Regulation of Electronic Communications and Posts Law (112(I)/2004)in all aspects relating to communications by using Uptodo. You hereby agree and consent to these regulations by receiving electronic communications through Uptodo. All notices, disclosures and any other forms are subject to the requirements and authorizations of electronic communications outline in the above Act of Law.

SPAM POLICY
We do not allow any spam as acting in compliance withSection106 of The Regulation of Electronic Communications and Postal Services Law of 2004 (112(I)/2004) that deals with unsolicited communications of spam. Furthermore,Uptodo reserves the legal right to prosecute for this violation, which may result in monetary civil fines, including, but not limited to, criminal sanctions.

STATEMENT OF PRIVACY
The following use of Uptodo and the Site is subject to our Statement of Privacy, which informs all users of our data collection practices, which you may review onthe Site.

NOTIFICATIONS
Users agree to receive informational e-mail messages from Uptodoabout important events,their account, files, and capabilities within the limits of the Service. Uptodo has a liability to use notifications only to inform about the capabilities and changes of the Service concerning the User without use of advertisement messages via third parties.

LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES UPTODO SHALL BE HOLD LIABLE TO YOU REGARDLESS AS A USER OF ANY FILE HOSTING AND/OR ONLINE STORAGE AND ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER OR FOR ANY DAMAGES, FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTERWISE INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RESULTING FROM:

THE USE OR THE INABILITY TO USE THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESULTS OF MISTAKES, OMISSIONS, INTERUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE;
THE USE OF ANY CONTENT UPLOADED OR DOWNLOADED,OR OTHER MATERIAL ON THIS WEBSITE;
THE USE OF ANY CONTENT UPLOADED OR DOWNLOADED,OR OTHER MATERIAL AVALIABLE FROM WEBSITES LINKED TO THIS WEBSITE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND
ANY OTHER MATTER RELATING TO THE WEBSITE.
WHERE YOUR LOSS IS NOT OR CANNOT BY LAW BE EXCLUDED BY THESE T&C, - TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT UPTODO SHALL BE TOTALLY LIABLE TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

IN CASE YOU ARE UNSATISFIED WITH ANY PORTION OF THIS WEBSITE OR WITH ANY OF THESE T&C, IT IS YOUR SOLE AND EXCLUSIVE REMEDY TO ACT IN ACCORDANCE WITH THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IN CASE ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

DISCLAIMERS OF WARRANTIES
BY USING UPTODO, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

THE PRODUCTS, CONTENT, OFFERINGS AND MATERIALS ON UPTODO ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UPTODO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE COMPATABILITY, SECURITY, ACCURACEY OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE OR FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, UPTODO DOES NOT WARRANT THAT THE WEBSITE OR SERVERS USED TO MAKE THE SITE AVALIABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIALUPLOADED OR DOWNLOADED AND OTHERWISE OBTAINED THROUGH THE USE OF UPTODO IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL CONTENT.

WE ARE NOT RESPONIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPTODO OR THE SITE.

WE DO NOT WARRANT OR MAKE ANY REPRESENATIONS REGARDING THE USE OF THE INFORMATION PROVIDED OR THE RESULTS THAT MAY BE OBTAINED AS A RESULT OF THE USE OF THE INFORMATION PROVIDED ON UPTODO OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY OF THE INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM UPTODO OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE T&C.

INTELLECTUAL PROPERTY RIGHTS
All materials and content of Uptodo and the Site are subject by the protection of CyprusCopyright Law 59/1976 (as amended)and the relevant European Directive 2004/48/EC for the Enforcement of Intellectual Property Rights.In addition, the Site may contain proprietary trademarks, service marks and logos, and you are not authorized or granted any license to utilize any such proprietary trademarks, service marks or logos. Any unauthorized use of the Site content shall therefore be prohibited within the Intellectual Property Codes, including registration and/or entity of Uptodo for any violation of trade secrets, copyright laws, and trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

INDEMNITY
You agree to indemnify, defend and hold harmless Uptodo, its business partners, officers, directors, employees, agents and third parties, for any losses, cost, liabilities and expenses (including, but not limited to, any reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, including, but not limited to, any user uploads or downloads made by you, your violation of any the T&C of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Uptodo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Uptodo in asserting any available defenses.

DISPUTE RESOLUTION & GOVERNING LAW
All parties are obliged in good faith and every possible effort to resolve any possible dispute that may in fact cause a controversy or claim arising out of or relating to these T&C or with Uptodo and/or the Site.In case the resolution of the dispute is not achieved, either of the parties may refer the dispute to the Commissioner of Electronic Communications and Postal Regulation in order for the dispute to be resolved in accordance with Law No.112 (I)/2004,as amended or substituted from time to time and/or resort to a competent Court of the Republic of Cyprus for any judgment thereof and any ability to seek an INJUNCTIVE relief. THESE T&C WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE CYPRUS LAWS.

INTERNATIONAL ACCESS OF USERS
The services controlled through Uptodo and/or the Site areadministrated within our offices and you hereby are under strict regulations to obey all laws applicable at the time of use.In case you tend to access any content or services from outside of Cyprus, you are responsible for complying with all international and jurisdictional laws that may be applicable at the given time of access.

MODIFICATIONS & SEVERABILITY
We reserve the legal right to make modifications and changes to reflect legislation and the T&C and/or the Site at any time, effective immediately upon the posting of any such changes. Please, check this page periodically. Each time you access Uptodo.net, you will be deemed to accept any such changes that have taken effect.

In case any of the following pertaining to these T&C shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

These T&C encompass the whole of the agreement between you and Uptodo relating to the subject matter herein. To contact us, you may reach us by one of the following ways:

(Effective as of December 01, 2015)

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Basic TOS

All users must be of at least the age of 13, and agree to not use the Uptodo.net service for any illegal or unauthorized purposes. All users must agree to comply with local laws regarding online conduct, and copyright laws. Uptodo.net is intended for personal use, and any business use is strictly prohibited. All users must not use Uptodo.net's services to violate any laws which include but are not limited to copyright laws. Any violations will result in immediate deletion of all files Uptodo.net has on record for your IP Address.

All users use Uptodo.net at their own risk, users understand that files uploaded on Uptodo.net are not private, they may be displayed for others to view, and Uptodo.net users understand and agree that Uptodo.net cannot be responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use Uptodo.net's service at your own risk.

Conditions

- We reserve the right to modify or terminate the Uptodo.net service for any reason, without notice at any time.
- We reserve the right to alter these Terms of Use at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
- If a user is found to be using Uptodo.net to host icons, smileys, buddy icons, forum avatars, forum badges, forum signature images, or any other graphic for website design all your images will be removed.

Copyright Information

Uptodo.net claims no intellectual property rights over the images uploaded by its' users.

Uptodo.net will review all copyright © infringement claims received and remove files found to have been upload or distributed in violation of any such laws. To make a valid claim you must provide Uptodo.net with the following information:

- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Uptodo.net to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to us via the report abuse page.