Send BIG files,images,videos,pictures,documents
ATTENTION: SUBJECT TO PAYMENT OF THE APPLICABLE FEES, THE SOFTWARE, SERVICES AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT ARE BEING LICENSED TO YOU BY WEUPLOAD ARE NOT BEING SOLD. THIS AGREEMENT CONTAINS LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SOFTWARE.
These Terms of Service (the “Terms of Service”), including the underlying WEUPLOAD.net Privacy Policy (together with the Terms of Service, the “Terms”) as well as any purchase order, govern your use of the file transfer services (the “Services”) available through the WEUPLOAD.net website and file transfer web and desktop applications (including but not limited to “WEUPLOAD”), available at www.weupload.net (the “Website”).
Please read these Terms of Service carefully before using the Services.
Your access to and use of WeUpload and the Services is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors and users who access or use the Services or download or use the WeUpload applications. If you have purchased any Services, then your purchase order (“Purchase Order”) shall also apply to your use of the Services. In the event of any inconsistency between your Purchase Order and these Terms, your Purchase Order shall take precedence over these Terms only to the extent of such inconsistency.
By accessing or using the Services or WeUpload you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Services or download any WeUpload applications.
If you are an agent or employee of another entity, you represent and warrant that (a) the individual accepting this agreement is duly authorized to accept this agreement on such entity’s behalf and to bind such entity, and (b) such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.
The Services are made available as part of a simple and fast file transfer system allowing users to move data files via our private global network. WeUpload may also make available technical publications relating to the installation and operation of the software applications and Services, such as reference, user, installation, systems administrator and technical guides and release notes (the “Documentation”).
We offer different Services models which set out different Services levels, fees and invoicing terms. Where we offer more than one Services model, you may select the Services model that suits your needs, and you will be charged the fees for that Services model in accordance with your Purchase Order. We may introduce other Services models in the future. For more information on our Services models and related fees, please visit www.weupload.net.
Fees. You agree to pay us all of the fees (collectively the “Fees”) required according to your use of the Services and the Services model which you selected, as set out in your Purchase Order. Unless otherwise specified, Fees are quoted in the Great Britain Pound (“GBP”) currency and are payable before we will transfer of your files over the WeUpload Platform. All prepaid Fees are non-refundable except in the case of Services interruption or Services error not caused by you that either precludes your file transfer from being receivable by the recipient(s) you designate, or that results in a file being transferred that is damaged, corrupted or otherwise incorrect. For the avoidance of doubt, any temporary suspension of a transfer which is subsequently resumed does not entitle you to a refund.
Payment. Unless otherwise indicated in your Purchase Order, the Fees for the Services are calculated on a “pay-as-you-go” basis and billed once we have received your data file request. You will be redirected to our checkout page once you have requested for your file to be uploaded to our network. Fees are payable by PayPal or Credit Card. By using the Services, you authorize us to charge your PayPal account or the credit card on file for any Fees incurred by you. Payments are processed by Stripe Payments “or” PayPal, third-party payment processors and you hereby agree to be bound by the terms of such payment processor.
Taxes. The Fees are exclusive of applicable taxes. You will be responsible for all sales, use, value added, or other taxes or duties, as applicable, payable with respect to the Services, or otherwise arising out of or in connection with this Agreement, other than our income taxes.
Changes in Fees. We may, at our sole discretion, change our prices or pricing model from time to time. Changes to pricing or pricing models will be implemented immediately as updated on the website or with notice to you and will be applied for all subsequent Services.
Promotional Offers. We may, at our sole discretion, make promotional offers available from time to time, which shall be subject to the terms of each such offer as published by us from time to time. Notwithstanding any such promotional offer terms, we reserve the right to make changes to the terms of such promotional offers or suspend such promotional offers at any time. A promotional offer cannot be sold, transferred or combined with any other offer, and is void if altered or reproduced. A promotional offer is not valid towards the renewal of an existing subscription or prior purchase. A promotional offer has no cash value. We reserve the right to terminate promotional offers at any time, notwithstanding any other terms to the contrary.
Fair Use. Use of the Services is subject to fair usage, and is subject to you using the Services subscribed for under an ordinary range of use and in a way that does not consume excessive or unreasonable capacity in respect of the Services that you are using. We may immediately suspend, restrict, alter or terminate all or part of any Services provided to you or take other necessary protective measures, if we determine that you are contravening this policy, as determined by us at our sole discretion.
Our Services allow you to post, link, store, share, transfer and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
You represent and warrant that: (a) the Content is yours (you own it) or you have the right to use, post, link, store, share or transfer it or otherwise make it available and grant us the rights and license as provided in these Terms, and (b) the usage, posting, linking, storing, sharing or transferring of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You further represent and warrant that if we provide you with our Services on a Branded Portal, we are not liable to you or any third party for damages arising from the use, re-use or adaptation of any image, logo, email notification template or branded URL chosen by you, including but not limited to copyright protected works or trademarks. You agree to defend, indemnify and hold harmless WeUpload for any third-party claim alleging infringement of its intellectual property rights based on your use of the Branded Portal or any Services.
We do not actively monitor Content that you post on or through the Services, however we reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities on the Services.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and will remove any text, music, videos or other content if properly notified that such content infringes on another’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
For questions about our Notice and Take Down procedures, you can contact us by email at [email protected]
When you create an account with us, you must provide us information that is accurate, complete, and current at that time. Any personal information collected by us shall be subject to our Privacy Policy. Each time you wish to use the Services you are required to update your account information if (whether due to a change in circumstances, original error or otherwise) that information is inaccurate, incomplete or out of date at that time. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Services and the WEUPLOAD application may contain links to third-party web sites or services that are not owned or controlled by WeUpload.
WeUpload has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that WeUpload shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
You agree to indemnify, defend and hold harmless WeUpload, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Services; and (d) any activity related to your account, including your use of the Services in any manner that contravenes applicable laws or regulations. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
WeUpload, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (a) your access to or use of the Services or WEUPLOAD; (b) your inability to access or use the Services WEUPLOAD; (c) any conduct or content of any third-party on or related to the Services WEUPLOAD; (d) any content obtained from or through the Services WEUPLOAD; and (e) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEUPLOAD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR WEUPLOAD, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU PURSUANT TO THESE TERMS OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU UNDER THE TERMS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OR DEFAULT OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER LIVE QOS NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
WeUpload makes no guarantees, representations, conditions or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services and WEUPLOAD are provided on an “AS IS” and “AS AVAILABLE” basis. The Services and WEUPLOAD are provided without warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement.
WeUpload its subsidiaries, affiliates, and its licensors do not warrant that (a) the Services and WEUPLOAD will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services and WEUPLOAD are free of viruses or other harmful components; or (d) the results of using the Services and WEUPLOAD will meet your requirements.
The Services are not fault-tolerant and is not designed, manufactured or intended for use in or in conjunction with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or direct life support machines. WeUpload, its licensors, suppliers, subcontractors and distributors specifically disclaim any express or implied representations, warranties and/or conditions for such uses.
If you breach any of these Terms and WeUpload chooses not to immediately act, or chooses not to act at all, WeUpload will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. WeUpload does not waive any of its rights.
WeUpload shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services or WEUPLOAD after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
If you have any questions about these Terms, please contact [email protected]
Last updated: OCTOBER 27, 2019
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The information contained herein is subject to change without notice.