|
| |
UploadChoice : Terms of Service |
 |
| |
| |
By your use of this Web site, you agree to be bound by the following Terms of Use. UploadChoice.com may revise these Terms of Use from time to time without prior notice and, by using this site after any revision of these Terms of Use, you agree to be bound by such changes. If you find these Terms of Use to be unacceptable, you must immediately terminate your use of this site.
“UploadChoice.com” ,its subsidiaries, and any of its affiliates, agents, contractors, or subcontractors, as the context may require. The “Service” or “Services” refers to the online service or services UC offers at the domain “UploadChoice.com.” “User” or “Users” or “Member” refer to the end-user or users of the services that UC provides under these terms and conditions. |
| |
| |
1. General Terms And Condition |
|
| |
You may use the Service only for personal use. The Service is not intended for or licensed for any commercial use, and such use is specifically prohibited. We reserve the right to cancel any or all of the Service at any time.
The download of the whole or significant portions of any functionality of the Service, or any part of the Service is prohibited. Online or other republication of content is prohibited. Violation may result in immediate termination of membership and may result in legal action for injunction, damages, or both. Elements of the Service are protected by trade dress and other laws and may not be copied or imitated in whole or in part. UploadChoice.com, the UploadChoice.com logo and other UC products referenced herein are trademarks of UploadChoice.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners |
| |
| |
2. Registration and Security |
|
| |
As part of the registration process, you will select a password and Member name (“Username”). You must provide UC with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.
(a) You shall notify us by regular mail or by e-mail at support@uploadchoice.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
(b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of UC, its owners or agents.
You must be 13 years or older to become a member of the Service and/or to use the Service.
You are responsible for all usage or activity on UC via your password. Distribution of your password for access to UC to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies. |
| |
|
| |
Premium Membership. If you become a Premium Account Member, you agree that membership in the Service is on a continuous service basis. This means that once you have become a Premium member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (annual, quarterly, etc.) you have chosen. Credit card charges will be processed within 24 hours after subscription. You will be notified by e-mail 15 days before your subscription will end, asked to correct an information which has changed and given the opportunity to “opt out” of your renewal. You must call UC at 1215-689-0926 at least two days before the renewal date for the cancellation to be effective.
Membership fees may be changed prospectively by UC at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed.
All Membership fees are nonrefundable prepayments for Services. As such, there are no refunds available to customers.
|
| |
| |
4. About Copyright - Important |
|
| |
UC claims no ownership rights in any image, music clip, or content uploaded to the Service by you. For the sole purpose of displaying your files to recipients designated by you, you grant to UC a non-exclusive, royalty-free license to copy and/or distribute these files through the Service.
YOU AGREE TO SUBMIT ONLY CONTENT, IMAGES, OR MUSIC OWNED BY YOU AND THAT WILL NOT VIOLATE THE PROPERTY OR OTHER RIGHTS OF OTHER PEOPLE OR ORGANIZATIONS. You hereby acknowledge that content, including images, even if submitted to a site of which you are a member, belongs to the creator or author of the content or music and you should not reproduce it without permission of the owner. (For example, you may not upload an image of yourself unless you have the permission of the photographer who took your picture – this is because, although you may have physical ownership of the print or graphic file, the copyright is owned by the person who created the image. Likewise, if you record a track of music written or arranged by another person, you must have that person’s permission to submit it for downloading on the Service. Although you may own the rights to the sound recording, the “publishing” rights belong to the creator of the song or music.)
In compliance with the Digital Millennium Copyright Act, signed into law on October 28, 1998, UC has a policy of terminating the accounts of users who are alleged to have infringed a copyright, and has appointed an agent for notification of claimed infringement with the U.S. Copyright Office. For further information, see our DMCA Policy.You can upload any type of image formats that is acceptable by us at UplaodChoice.com . You may share themwith your friends or associates, websites, forums, blogs auctions sites, image galleries, online albums. All images must be legal and you must have ownership. DO NOT upload any copyrighted images (if you do not own the copyright to the images, DO NOT upload them). We DO NOT accept any adult images of any kind including underage porn,image portraying violence, racial intolerance or images of hate groups or any other images not acceptable as legal images in USA, Asia, Africa or EU countries.
Your IP is being logged with all upload and if this Terms of Service is not followed, we can and will (put space here) suspend and /or ban your IP without warning at anytime.
We can also ban or suspend your account or access privilege's for any other reason as we see fit or what deemed not to best fit into our business model including ( excessive bandwidth usage,...) |
| |
|
| |
UC has a firm commitment to safeguarding your privacy. Please review UC’s Privacy Policy. The terms of UC’s Privacy Policy are considered part of, and are incorporated into, these Terms of Service. |
| |
|
| |
Content of Member’s Materials. UC does not actively monitor a Member’s uploaded files material nor does UC exercise any editorial control over the content of any material that the Member uploads into UC’s service. However, UC reserves the right to remove any and/or all of the Member’s material from UC’s service that are, in UC’s sole discretion, potentially illegal, a violation of trademark and/or copyright, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates the acceptable use policy stated below in this Agreement. Upon removal of the material, UC shall notify Member of the removal of the materials, as well as the reason for removal. In no instance shall UC be liable for the removal of the materials. UC reserves the right to immediately terminate its service to Member for any flagrant or repeat violations of this Agreement. Inactive basic membership in UC may be removed if new files have not been uploaded for a period of 180 days.
Non-Acceptable and Prohibited Uses. Incidents and uses that may cause your account to be terminated include, but are not limited to : |
| |
 |
Uploading or transmission of any trojans, worms, viruses or any code of a destructive or spying nature. |
| |
|
 |
Uploading of transmission of any file or content that harm minors in any way, including any form of child pornography. |
| |
|
 |
Uploading or transmission of any file or content that spreads messages of terror or depicts torture or death-images. |
| |
|
 |
Uploading or transmission of files intended to threaten or harass any individual or organization. |
| |
|
 |
Using the Service for any purpose other than which it is intended. |
| |
|
 |
Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM). |
| |
|
 |
Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way. |
| |
|
 |
Uploading any programs that may cause a disruption to the Service. |
| |
|
 |
Untimely payment of any and all amounts due. |
| |
|
 |
Any action that violates the laws of applicable local, state, federal or international governmental bodies. |
| |
|
 |
Sharing the account with anyone or re-selling the Service without express written permission from UC. |
| |
|
 |
Exceeding the megabyte allowance for a particular class of membership. |
| |
|
| |
|
|
| 6.3 UC will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. UC reserves the right to monitor or view material uploaded by Member onto UC’s service at any time for the purpose of ensuring compliance with this Agreement. |
| |
| |
7. UploadChoice.com Libility |
|
| |
| In no event will uploadchoice.com, its employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, sucessors or assigns be liable to any party for any direct, indirect, consequential, incidential, special or other indirect (including without limitation, cost of cover) arising out of or in connection with this agreement or any services, content or other materials provided or available hereunder, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arose in contract, tort (including negligence), strict liability or other legal basis. |
| |
| |
8. Disclaimer Of Warranty And limitation Of Liablity |
|
| |
| This site and all products and services provided by uploadchoice.com are provided "as is" with no warranties whatsoever. all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. to the fullest extent permitted by law, uploadchoice.com disclaims any warranties for the security, reliability, timeliness, and performance of its services. if you are dissatisfied with any portion of this web service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service. |
| |
|
| |
Taxes. In the event that they are applicable, Member shall be solely responsible for the payment of all sales, use and similar taxes relating to their use of UC’s services.
Governing Law. The laws of the State of Pennsylvania shall govern the validity, construction and performance of this Agreement.
Amendment of Agreement. UC may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at UC’s web site at this location or at any other location designated at said site. |
| |
| |
|
|