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We reserve all rights at our own discretion to select, to post, not to post, arrange, name, remove and/or delete any or all of your uploaded files. By using our software to upload your file(s), you understand that, if the file(s) are selected for posting on our websites, the files will be posted on our websites and will be exposed to the world.
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If you are minor, please do not use our software to upload your files and do not use our services.
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You will be responsible and liable for any materials that are in violation of federal and state laws, such as copyright and patent infringements . . . etc. u2upfly.com only provides free posting service and will not be responsible and liable for your materials.
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Your videos cannot be used for the purposes of promoting your website, business, products and/or services. The uploaded contents that are not appropriate for our website, sexual materials, violent contents, commercial contents, nudity and hate will be deleted. We reserve all rights at our own discretion to delete your videos that are uploaded onto our website.
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Please keep the uploaded file(s) size to less than 100MB.
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Currently, we only accept the following formats: avi, wmv, mpg, mpeg, mp4 and mov. Any other formats will be rejected.
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Any materials you submitted to us will be the property of u2upfly.com and can be used for any purposes at our own discretion.
www.u2upfly.com
logo or letters will be incorporated and displayed in the uploaded contents.
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If there are any concerns about copyright infringement, you must email and notify us at
care@u2upfly.com
with your contact information. We will contact you to be sure you are from legitimate sources so that we can make decisions of removing the copyright infringement materials. We will respond promptly to legitimate complaints. However, we must verify if your complaints are from legitimate sources.
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You are the copyright owner or you have permission from the copyright owner.
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Your photos and videos cannot be used to promote your website, business, products, services, etc. Your photos and videos cannot contain inappropriate materials. If your photos and/or videos are inappropriate for our website, we reserve all rights at our own descretion to delete, suspend and/or blocked you from using our service. Currently, we are paying $5.15 per 1,000 unique views for your video and your video has to have overall rating of 4 or 5 stars. We only make payment at the beginning of the month. Other members can view your video as many times as he wishes. However, if its the same user, we only count 1 unique view. You must sign up with this program in order to get pay. If you dont sign up for this program, you will not get pay. This program only started on 09/30/2007. Any videos uploaded prior to this date (09/30/2007) will not be considered for this program and we will not pay you for these videos.
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By using our program to upload your file(s), you have read and agreed to our terms & conditions.
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Our terms and conditons may change without notice.
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PLEASE ALSO READ THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE U2UPFLY.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND U2UPFLY LIMITED (hereafter 'u2upfly'). By accessing any service or part thereof under the u2upfly.com domain, you agree to be bound by the terms of this Agreement. U2upfly reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes. |
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1. Ownership |
| This Site is owned and operated by u2upfly LIMITED. All images on this web site are owned by u2upfly or its partners/contributors and are protected by International copyright laws and international treaty provisions. U2upfly retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from u2upfly, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, u2upfly reserves the right to terminate this site without notice. |
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2. Authorized Use |
| Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by u2upfly. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the u2upfly End User License Agreement (EULA) and any relevant Licensing Agreements. |
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3. Links To Third Party Sites |
| u2upfly provides links to third-party sites as a convenience to you. U2upfly does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by u2upfly of such sites. U2upfly is not responsible for the content of any linked sites. |
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4. Limited Warranty |
| u2upfly represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
u2upfly warrants that the Image(s) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. U2upfly DOES NOT WARRANT THAT THE IMAGE(S) WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE(S) IS WITH YOU. SHOULD THE IMAGE(S) PROVE DEFECTIVE, YOU (AND NOT u2upfly OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state. |
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5. You Represent, Warranty and Covenant That: |
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| a. You are at least 18 years of age and have the right to enter into this Agreement; |
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| b. You will not use the Images in any way that is not permitted by this Agreement or any other relevant Licensing Agreements; |
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| c. Your use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity; |
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| d. The information you provide to u2upfly is accurate and true, including without limitation all credit card information; |
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| e. You agree that all passwords to your u2upfly account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to |
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| i. terminate this Agreement immediately with notice to you |
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| ii. retain all unpaid payments pursuant to this Agreement and |
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| iii. seek any legal or equitable remedies. |
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6. Limitation of Remedies |
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| a. Cancellation/Expiration: In the event this Agreement is not terminated but the Subscription period has been canceled or has expired, you may continue to use the Images that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements. |
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| b. No Monetary Damages: Under no circumstances whatsoever will u2upfly be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if u2upfly or a distributor authorized by u2upfly has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. |
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Indemnification |
| You agree to indemnify and hold u2upfly harmless from, and against, all claims, expenses or liability asserted against u2upfly arising out of or in connection with any breach of any of the terms of this Agreement. |
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Usage |
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| 1. Subscription plans cannot be upgraded nor downgraded upon download of first image. |
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| 2. There shall be no extension of subscription period if you fail to download any images due to Internet connectivity problems. u2upfly will fully reimburse the "lost days" only if the u2upfly.com server is inaccessible worldwide (system down) for a duration of 12 hours or more. |
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| 3. Subscription images will no longer be available for download once the subscription period ends. |
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Credit Plans |
| 1. Credit Plans purchased cannot be downgraded. Upgrades however, will be entertained. |
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| 2. Purchased credits do not expire and can be used to download images at any time. |
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| 3. Credit image downloads will be available for a period of twelve (12) months from the date of initial download. |
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Jurisdiction |
| This Agreement constitutes the entire agreement between You and u2upfly regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by u2upfly to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws. |
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Legal Fees |
| If u2upfly is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse u2upfly for its legal fees, costs and disbursements if u2upfly is successful. |
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Assignability |
| You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. |
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Entire Contract |
| YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND u2upfly, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND u2upfly RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN u2upfly.COM WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT. |
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| Please note that any video, image, or other content posted at the direction of Users onto the u2upfly Sites becomes published content and is not considered personally identifiable information.
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