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| MegaUploads Terms & Conditions |
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This MegaUploadss Service Agreement (the "Agreement") describes
the terms and conditions on which MegaUploadss ("we" or "our company") offer
services to you ("Customer" or "You"). By registering for or using
MegaUploadss services, Customer agrees to be bound by the following terms
and conditions. 1. Eligibility for MegaUploads Services.
Our Services are available only to
individuals and business entities (including but not limited to sole
proprietorships) in good legal standing that can form legally binding
contracts under applicable law. Customer hereby represents and warrants
that it is duly licensed to do business and is in good legal standing in
the jurisdictions in which it does business (during the term of this
Agreement) that it is not a competitor of MegaUploads, and that the person
agreeing to this Agreement for Customer is at least eighteen years of age
and otherwise capable of and authorized to enter binding contracts for
Customer. 2. MegaUploads Services
Subject to the terms and conditions of
this Agreement, MegaUploads makes certain Services available to Customer.
For the purposes of this Agreement: (a) "Customer" (or "you") means the
individual or business entity that is using or registering to use the
Services, including its employees and agents; (b) MegaUploads "Services"
means those electronic or interactive services offered by MegaUploads.
MegaUploads Online reserves the right to change or discontinue any of the
Services at any time.
3. Ownership
You acknowledge that all materials
(except those uploaded by users) provided on this Web site, including but
not limited to information, documents, products, logos, graphics, sounds,
gui, software, and services (collectively "Materials"), are provided
either by MegaUploads or by their respective third party authors,
developers and vendors (collectively "Third Party Providers") and the
underlying intellectual property rights are owned by MegaUploads and/or its
Third Party Providers. Elements of the Web site are protected by trade
dress and other laws and may not be copied or imitated in whole or in
part. MegaUploads, the MegaUploads logo and other MegaUploads products
referenced herein are trademarks of MegaUploads, 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. 4. Customer Information
Customer represents and warrants that the
information it provides in MegaUploads contact information forms is true,
accurate, current and complete. Customer agrees to maintain and update
this information to ensure that it is true, accurate, current and
complete. If, at any time, any information provided by Customer is untrue,
inaccurate, not current or incomplete, MegaUploads will have the right to
suspend or terminate Customer's account and this
Agreement. 5. Customer Account 5.1 Authorized Users
Customer may designate persons to act as
its agents to use the Services, provided that each designated person has
the legal capacity to enter into binding contracts for Customer.
Furthermore, Customer represents and warrants that each person who
registers under Customer's account is an authorized agent of Customer (an
"Authorized User") who has such legal capacity.
5.2 Responsibility for Access
Customer is solely responsible and liable
for any and all access to and use of the Services (including all
activities and transactions) by any Authorized User and/or User ID
registered under Customer's account, unless such access to or use of the
Services is the direct result solely of the gross negligence of
MegaUploads. It is Customer's responsibility, through its systems
administrator Authorized User, to set the appropriate access for each of
Customer's Authorized Users.
5.3 Responsibility for User IDs and Passwords
Customer is solely responsible for
maintaining the confidentiality of Customer access information, i.e.
account ID's and passwords of its Authorized Users, and are responsible
for all activities that occur under your account.
5.4 Notification of Unauthorized Use
Customer will immediately notify
MegaUploads if Customer notices any activity indicating that Customer's
account or data is being used without authorization, including: (a)
Customer has received confirmation of an order or orders placed using
Customer's account which Customer did not place or any similar conflicting
report; or (b) Customer becomes aware of any unauthorized use of any
product or service related to its account(s).
6. Customer Data
Customer has sole responsibility and
liability for the data its stores on MegaUploads's servers. Customer
controls its data through its generated link. MegaUploads encourages
Customer to archive its data regularly and frequently; Customer bears full
responsibility for archiving its data and sole liability for any lost or
irrecoverable data. Customer agrees to maintain its data in compliance
with its legal obligations. MegaUploads will delete Customer data upon
termination of this Agreement. However, MegaUploads may retain Customer
data in its archives after deletion and will not be liable to Customer in
any way for such retained data.
6.1 Special Circumstances
MegaUploads will provide access to the
Services and Customer's data to an agent of Customer ("Authorized Agent")
who provides MegaUploads with a notarized letter signed by an officer of
Customer which letter shall include statements of authenticity, authority,
and liability as required by MegaUploads in its sole discretion. Customer
expressly and irrevocably agrees that MegaUploads may rely on such a letter
and on the apparent authority of the person requesting access to the
Services or to Customer's account. In no event will MegaUploads be liable
to Customer or any third party for MegaUploads's reliance on such letter or
such apparent authority.
8. Acceptable Use You agree to not use MegaUploads's Service to:
a. upload, post, e-mail, transmit
or otherwise make available any Content that spreads messages of terror or
depicts torture or death-gui; if serious enough, the content will be
reported to the appropriate legal authority and/or the member's ISP will
be contacted;
b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted; c. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 8.1 Illegality/Adult Content
MegaUploads neither sanctions nor permits
site content or the transmission of data that contains illegal or obscene
material or fosters or promotes illegal activity, including but not
limited to, gambling, the offering for sale of illegal weapons, and the
promotion or publication of any material that may violate hate crimes
legislation. MegaUploads reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
Further, should Customer violate this
policy, MegaUploads will actively assist and cooperate with law enforcement
agencies and government authorities in collecting and tendering
information about Customer, Customer's site, the illegal or obscene
content, and those persons that may have inappropriately accessed,
acquired, or used the illegal or obscene content.
8.2 Wrongful Conduct
Customer shall not commit or permit
wrongful or damaging acts which justify civil action including, but not
limited to, posting of defamatory, scandalous, or private information
about a person without their consent or intentionally inflicting emotional
distress. 8.3 Access and Interference
Violations or attempts to violate
MegaUploads systems or to interrupt MegaUploads services are strictly
prohibited, and may result in criminal and civil liability. Examples of
system violations include, without limitation:
(a) Unauthorized access to or use of
MegaUploads Services, including any attempt to probe, scan or test the
vulnerability of a system or to breach security or authentication measures
without express authorization of MegaUploads; or (b) Interference with
Service to any customer or network including, without limitation,
flooding, or deliberate attempts to overload a system and broadcast
attacks; or (c) Use of any device, software, or routine to interfere or
attempt to interfere with the proper working of the Services; or (d) Any
action that imposes an unreasonable or disproportionately large load on
MegaUploads's infrastructure
Customer shall not decompile,
disassemble, decrypt, extract, reverse engineer or otherwise attempt to
derive the source code of the "software tools" (including the tools,
methods, processes, and infrastructure) underlying the Services or any
other software on the MegaUploads Web site.
8.4 Copyright or Trademark Infringement
MegaUploads Services may be used only for
lawful purposes. Transmission, distribution or storage of any material in
violation of any applicable law or regulation, including export control
laws, is prohibited. This includes, without limitation, material protected
by patent, copyright, trademark, service mark, trade secret or other
intellectual property rights. If you use another party's material, you
must obtain prior authorization. By using the Services, you represent and
warrant that you are the author and copyright owner and/or proper licensee
with respect to any hosted content and you further represent and warrant
that no content violates the trademark or rights of any third party.
MegaUploads reserves the right to suspend or terminate a Customer's
transmission(s) that, in MegaUploads's discretion, violates these policies
or violates any law or regulation.
8.5 Misuse of System Resources
Customer shall not misuse system
resources including, but not limited to, employing content which consume
excessive CPU time or storage space; utilizing excessive bandwidth; or
resale of access to content hosted on MegaUploads
servers. 8.6 Other Activities
Whether lawful or unlawful,
MegaUploads
reserves the right to determine what is harmful to its Customers,
operations or reputation, including any activities that restrict or
inhibit any other user from using and enjoying the Service or the
Internet.
Please be aware
MegaUploads reserves the
right to cancel any account or transmission they find in violation of any
of the above policies. If appropriate, MegaUploads will refer complaints to
law enforcement authorities, and in such case, MegaUploads will actively
assist law enforcement agencies with the investigation and prosecution of
any such activities, including surrendering Customer account and data
information.
Complaints about violators of our Policy
should be sent via e-mail to abuse@MegaUploads.com. Each complaint will be
investigated and may result to immediate cancellation of Services without
prior notice. 9. No Warranty
You expressly understand and agree that:
(a) your use of the Service is at your sole risk. MegaUploads Services are
provided on an "as is" and "as available" basis. MegaUploads and its
suppliers, to the fullest extent permitted by law, disclaim all
warranties, including but not limited to warranties of title, fitness for
a particular purpose, merchantability and non-infringement of proprietary
or third party rights. MegaUploads and its suppliers make no warranties
about the accuracy, reliability, completeness, or timeliness of our
Services, software, or content; (b) MegaUploads makes no warranty that (i)
the Service will meet your requirements, (ii) the service will be
uninterrupted, timely, secure, or error-free, (iii) the results that may
be obtained from the use of the service will be accurate or reliable, (iv)
the quality of any products, services, information, or other material
purchased or obtained by you through the Service will meet your
expectations, and (v) any errors in the software will be corrected; (d)
any material downloaded or otherwise obtained through the use of the
Service is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data
that results from the download of any such material; (e) no advice or
information, whether oral or written, obtained by you from us or through
or from the Service shall create any warranty not expressly stated in
these terms and conditions.
10. Indemnity
You agree to defend, indemnify, and hold
harmless MegaUploads, its affiliates, officers, directors, employees and
agents, from and against any claims, actions or demands, including without
limitation reasonable legal fees, alleging or resulting from your use the
Service, or your breach of this Agreement or other MegaUploads policies,
terms and conditions.
11. Limitation of Liability
Your use of MegaUploads is at your own
risk. If you are dissatisfied with any aspect of our Service or with these
terms & conditions, or any other rules or policies, your sole remedy
is to discontinue use of the Service. You expressly understand and agree
that MegaUploads shall not be liable for any direct, indirect, incidental,
special, consequential exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible
losses (even if we have been advised of the possibility of such damages),
resulting from: (I) the use or the inability to use the Service; (II) 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 the Service; (III)
unauthorized access to or alteration of your transmissions or data; (IV)
statements or conduct of any third party on the service; or (V) any other
matter relating to the Service.
12. Modifications to Agreements, Policies or to our Services
We reserve the right to change this
Service Agreement at any time without notice. We also reserve the right at
any time to modify or discontinue the Service, temporarily or permanently,
with or without notice to you. You agree that we shall not be liable to
you or any third party for any modification, suspension or discontinuance
of the Service. You acknowledge that we may establish general practices
and limits concerning use of the Service, including the maximum disk space
that will be allotted on MegaUploads's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. Further, you acknowledge
that MegaUploads may change subscription fees at any time without notice.
Changes in subscription fees will take effect on expiration of any
existing Customer subscription.
13. Termination
13.1 Without limiting other
remedies, MegaUploads may immediately issue a warning, suspend (i.e., lock
out access and operation of Services for Customer) either temporarily or
indefinitely, or terminate Customer's account and refuse to provide
Services to Customer if: (a) MegaUploads believes that Customer have
violated or acted inconsistently with this Agreement, or any of our
policies; or (b) Customer have failed to pay fees or other payments due to
MegaUploads; or (c) MegaUploads is unable to verify or authenticate any
information Customer provides to MegaUploads; or (d) MegaUploads believes
that Customer's actions may cause legal liability for Customer,
MegaUploads's other clients, or MegaUploads.
MegaUploads may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of these terms and conditions
may be effected without prior notice, and acknowledge and agree that
MegaUploads may immediately deactivate, archive or delete your account and
all related information and data and/or any further access to such data or
the Service. Further, you agree that MegaUploads shall not be liable to you
or any third-party for any termination of your access to the
Service.
Upon termination of this Agreement by
either Customer or MegaUploads, all of Customer rights under this
Agreement, and MegaUploads's provision of Services, will terminate
immediately. 13.2 The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any termination of this Agreement. 14. Miscellaneous
These terms and conditions will be
governed by and construed in accordance with the laws of the State of
California, excluding that body of law governing conflict of laws. Any
legal action or proceeding relating to or arising out of these Terms or
your use of the Web site will be brought in a federal or state court in
Santa Clara County, California, and you submit to the venue and personal
jurisdiction of such court. If any provision of these Terms is held to be
invalid or unenforceable, such provision will be enforced to the greatest
extent possible and the remaining provisions will remain in full force and
effect. Headings are for reference purposes only and in no way define,
limit, construe, or describe the scope or extent of such section.
MegaUploads's failure to act with respect to a breach by Customer or others
does not waive MegaUploads's right to act with respect to subsequent or
similar breaches. No action by Customer arising under this Agreement may
be brought at any time more than twelve (12) months after the facts
occurred upon which the cause of action arose.
14.1 Relationship Customer and MegaUploads are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 14.2 Assignment Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void. 14.4 Force Majure
Operation of our Services may be
interfered with by numerous factors outside of our control and we shall
not be liable to you for any delay or failure in performance under this
Agreement resulting directly or indirectly from causes beyond MegaUploads's
control. 14.5 Interpretation
If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck, as
narrowly as possible, and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such
section. 14.6 MegaUploads Confidential Information
You represent and warrant to
MegaUploads
that (a) you are not a competitor of MegaUploads, (b) you shall keep
publicly unannounced information and materials pertaining to MegaUploads,
pre-release software, testing or testing procedures strictly confidential
and (c) you shall not use any information gained from access to the
MegaUploads Web site or use of the MegaUploads Services to compete with
MegaUploads in its business.
14.7 Exceptions
Except for other agreements or terms
appearing on the Web site, this Agreement set forth the entire
understanding and agreement between us with respect to the subject matter
hereof. Additional Information Any questions relating to our Legal Agreements and Policies may be directed to legal@megauploads.org. Abuse management: click here Illegal files will be removed immetiately after notice. Furthermore we will add them to our file-filter, so they can't be uploaded again. Just write an e-mail to our abuse management and send us the exact links to the files. 71 Archipelagous str, 11363 Glyfada, Attika, Greece |