TERMS OF SERVICE
RESPONSIBILITY, RIGHTS AND DUTIES OF ALL USERS ON THE SITE:
These Terms of Service ("ToS") apply to the use of the website http://www.uploadcloud.pro ("Site" or "Company" or "UploadCloud")
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 UploadCloud, and agree that they are entering into a legally binding agreement between UploadCloud 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.
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 ToS. Thus, all Users shall agree to the following:
You do not in any way imply that UploadCloud or the Site is endorsing any services unless this has been specifically agreed upon;
You do not misrepresent your relationship with UploadCloud 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 UploadCloud host any illegal materials;
You agree that this Site is meant strictly for file hosting and storage for legal purposes when using UploadCloud;
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 UploadCloud and the Site an 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 Facebook or Twitter etc, that you use on the Site;
You agree that you will not use the content accessed through UploadCloud and the Site in 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. If we suspect that your account is being used by a DEBRID service or similar, where access to account opportunities is provided to third parties for the ability to download files, we will apply restrictions to your account, especially to the ability to download files. In this case, if your account is subject to restrictions, but you do not provide account opportunities to third parties, please contact us. We will deal with such incidents, and perhaps we will need additional information from you to prove that your account is not a service DEBRID
You agree as a User that you can purchase not more than 2 extended options ("Premium") of the Service during a 24-hour period;
You agree that you will obey all disclaimers, release agreements, and/or any other form used by UploadCloud and the Site.
Users should be aware that posting and/or uploading certain materials is subject to approval and may at the discretion of UploadCloud 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 UploadCloud or any third party without the explicit written consent of the sole owner;
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 UploadCloud 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 will be 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 UploadCloud, 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 case you need the Technical Support services, you may contact it any time to firstname.lastname@example.org
PREMIUM ACCOUNT SERVICES
All Users that sign up 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 UploadCloud 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 any time 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.
All payments will be confined to an online transaction gateway available on the Site such as PayPal, Webmoney, Payza, RBKMoney, ebank2pay, and Yandex.Money. Therefore,UploadCloud has no other affiliation with PayPal, Webmoney, Payza, RBKMoney, ebank2pay, and Yandex Money, 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 ("Premium") of the Service is a 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 any time 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 UploadCloud. 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.
UploadCloud provides full refund of your payment in the following cases:
- If you constantly encounter an error which is preventing you from using our service properly, and if we are not able to correct the error within an acceptable period of time or are unable to suggest a temporary solution.
Please, NOTE! In this case refund is only given if you provide detailed information about the error, supported by additional information if requested by our support staff, such as screenshots, error messages, log files, detailed descriptions of your actions, file samples, etc.
- If you accidentally bought the service more than once in one day.
We reserve the right to decline refund requests in the following cases:
- If and when user demands refund immediately after buying the service
- If and when user informs us about changing his decision to buy the service without giving any particular reasons.
UploadCloud retains the right to permanently block and black list user for violation of the above policy without further explanation.
We are governed by the Regulation of Electronic Communications and Posts Law (112(I)/2004)in all aspects relating to communications by using UploadCloud. You hereby agree and consent to these regulations by receiving electronic communications through UploadCloud. All notices, disclosures and any other forms are subject to the requirements and authorizations of electronic communications outline in the above Act of Law.
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,UploadCloud 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
, which informs all users of our data collection practices, which you may review on the Site.
Users agree to receive informational e-mail messages from UploadCloud about important events,their account, files, and capabilities within the limits of the Service. UploadCloud 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 UPLOADCLOUD 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;
ANY OTHER MATTER RELATING TO THE WEBSITE.
WHERE YOUR LOSS IS NOT OR CANNOT BY LAW BE EXCLUDED BY THESE ToS, - TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT UPLOADCLOUD 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 ToS, 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 UPLOADCLOUD, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE PRODUCTS, CONTENT, OFFERINGS AND MATERIALS ON UPLOADCLOUD ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UPLOADCLOUD 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, UPLOADCLOUD 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 UPLOADCLOUD 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 UPLOADCLOUD 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 UPLOADCLOUD 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 UPLOADCLOUD OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE ToS.
INTELLECTUAL PROPERTY RIGHTS
All materials and content of UploadCloud 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 UploadCloud for any violation of trade secrets, copyright laws, and trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You agree to indemnify, defend and hold harmless UploadCloud, 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 ToS of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. UploadCloud 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 UploadCloud 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 ToS or with UploadCloud 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 ToS WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE CYPRUS LAWS.
INTERNATIONAL ACCESS OF USERS
The services controlled through UploadCloud and/or the Site are administrated 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 ToS 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 UploadCloud, you will be deemed to accept any such changes that have taken effect.
In case any of the following pertaining to these ToS 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 ToS encompass the whole of the agreement between you and UploadCloud relating to the subject matter herein. To contact us, you may reach us by one of the following ways: