upX Terms of Service
File uploading
User is not allowed to upload anything that can be remotely construed as pornography, copyrighted material, harassment, or spam. The following types of files constitute "abuse" and may not be uploaded under any circumstances:
- Files that are illegal and/or are in violation of any German laws.
- Pornography, adult or mature content. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
- Files that infringe on the copyrights of any entity excluding the user.
- Files intending to harass, spam, or promote anything for commercial profit.
- Violent content.
- Content related to racial intolerance or advocacy against any individual, group or organisation.
- Hacking/cracking content.
- Excessive profanity.
- Illicit drugs and drug paraphernalia content.
- Sales of tobacco or tobacco-related products.
- Sales of beer or hard alcohol.
- Sales of prescription drugs.
- Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns.
- Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails.
- Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others.
Limitation of liability
User agrees that the use of upX’s services is entirely at User's own risk. upX's services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
TheArtofWarEU makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of upX's services. In no event shall upX be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use upX's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
Indemnity
User agrees to indemnify and hold upX harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User's Files or use of any other feature or service. This expressly includes:
- Any defamatory or unlawful material contained within User's Files.
- User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
Legal policy
upX Terms of Service are subject to change without notice. It is user responsibility to check changes in this document.
By uploading a file or other content, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content.
We are not responsible for the content of any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files. We direct full legal responsibility of files to their respective users. All other content is copyright by upX / TheArtofWarEU.
