| 1. | Responsibility for user identification and passwords.
The Client holds full responsibility for keeping the account information safe and confidential (as well as authorized user's account information). The Client is also entirely responsible
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2. |
Disclaimer of warranties
You acknowledge and agree that: |
| • | a. You use the Service at your sole risk. HyperUpload.com services are provided on an "as is" and "as available" basis. HyperUpload.com and its representatives expressly disclaim all warranties including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. HyperUpload.com and its representatives do not guarantee accuracy, safety and completeness as well as timely provision of services, software and information.
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b. HyperUpload.com makes no warranty that (i) the Service will meet your requirements,(ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the reliability or accuracy of the results obtained from the Service, (iv) the quality of any products, services, information or other material obtained from the Service will meet your expectations, and (v) any errors in the software will be corrected.
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c. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage or loss of data that results from the download of any such material.
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d. No advice or information, whether oral or written, obtained by you from the Service shall create any warranty not expressly stated in the given Agreement.
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3. |
Disclaimer
You agree to compensate the damages, including reasonably necessary legal services' fees, and not to hold HyperUpload.com and its affiliates and branches, management, employees and agents responsible for any claims and requirements based on your use of the Service; or infringement of the present Agreement by you or other policies, decisions and conditions by HyperUpload.com.
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4. |
Limitations of liability
You use HyperUpload.com Service at your sole risk. If you are by any reason not satisfied with any of the aspects of the Service or the given Agreement, as well as other rules, you are free to terminate the Agreement and stop using HyperUpload.com Service. You agree that HyperUpload.com shall not be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses ( even if HyperUpload.com has been warned and 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 obtained or messages received or transactions entered using the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct od any third party on the Service; or (v) any other mater relating to the Service.
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5. |
Modifications to the Service and Rules
We reserve the right at any time to modify or discontinue the work of the Service with or without notice, temporarily or permanently. You agree that HyperUpload.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You expressly acknowledge that we can establish general practices and restrictions upon the use of the Service, including the maximum size of the Client's disk space on HyperUpload.com servers as well as the number of references (and their duration) to the Service for a certain period of time. You also realize that HyperUpload.com has the right to change Service fees without prior notice. The change of the tariff takes place as soon as the previous Agreement needs to be renewed to remain valid.
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6. |
Termination of Service
HyperUpload.com in its sole discretion may file a warning, terminate (permanently or temporarily) or block access to the Service or discontinue the Service and stop providing services to the Client, or remove the Client's account record, as well as refuse providing services to the Client in the future in the following cases:
HyperUpload.com reserves the right in its sole discretion to stop providing services or any of its features with or without prior notice. You agree that any termination of your access to the Service may be carried out without prior notice, and acknowledge and agree that HyperUpload.com may immediately deactivate, archive or delete your account and all related information and files in your account and/or block further access to such files or the Service. Furthermore, you agree that HyperUpload.com shall not be responsible to you or any third-party for the termination of your access to the Service.
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7. |
Grant of rights
This Agreement does not allow the Client to grant any of his/her rights to anyone or attribute responsibility to another individual. Any attempts at granting these rights shall not have legal force.
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8. |
Legal relations
The client and HyperUpload.com Service shall be treated as independent contractors. The given Agreement does not provide and does not create such forms of legal relations with the Client as establishment, company, joint venture, labour relations and trading relations.
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9. |
Force major circumstances
Our Service providing activities may be discontinued due to certain circumstances of insuperable force. We are not responsible for any setbacks or inability to provide services to Clients as the result of circumstances, direct or indirect, that are described as circumstances beyond control.
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10. |
Abuse management
Illegal files shall be immediately removed. Moreover, the files shall be added to a special filter that will prevent the files from appearing again.
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