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Terms of Service
Last modified: October the 19th 2012
- General services of ul
- Uploading of information (including files and content) (Upload)
- Affiliate Programme
- Modes of payment
- Deletion of information (including files and content)
- No index of stored information (including files and content)
- Rights to use information (including files and content)
- Data protection
- Special rules with respect to registered Users
- General Terms of Service
Under the domain uploaded.net ul provides a multimedia platform on the Internet (the "Platform"), permitting Users to upload
and publish information of their own (including files and content). In particular, the services under uploaded.net provide Users with a virtual storage place,
enabling them to store files such as videos, images or documents and display them on the Platform.
- ul renders its services exclusively on the basis of these Terms of Service ("TOS"). By using the uploaded.net Platform,
the User agrees to the application of these TOS.
- ul hereby reserves the right to modify the substance of these TOS without the User's consent (with prospective effect), provided that,
taking account of ul's interests, it is reasonable to the User for ul to do so. ul shall notify Users of amendments of this kind on the Platform.
Sec. 11.3 shall remain unaffected hereby.
- The terms and conditions contained in these TOS do not create any third party beneficiary rights.
- The User acknowledges that, as between ul and the User, ul is the exclusive owner of any and all rights to the products and services
offered by it, including any intellectual property rights. The foregoing shall not apply to information (including files and content)
uploaded by Users. The User is not authorised to make use of these rights belonging to ul without ul's prior express written consent
(e.g. to copy ul's website in whole or in part and to use it on other websites) or to remove references to ul's status as right holder.
||Any natural person using ul's products and services.
||Fee-based premium rate service by ul offering the User special functions and options for using ul's services.
||Fee-based access with extended functions and options in comparison to Free Accounts, and also including the right to participate in the ul Affiliate Programme.
||Free access, with the right to participate in the ul Affiliate Programme.
|| ul shall structure the ul Affiliate Programme in its free discretion, pursuant to sec. 4 of these TOS.
||Owners or operators of advertisements/websites that are linked on a fee-paying basis in connection with the Affiliate Programme.
||Advertising by our Sponsors can be overlaid on the ul Platform in any number of variations (sec. 8.1).
||Any User who has uploaded files to his account and published these on ul's Platform.
2. General services of ul
- ul offers its Users access to its Platform. ul is entitled to permit access to certain services only to registered Users.
- ul shall endeavour to keep the Platform available 24 hours a day. Users shall have no entitlement to uninterrupted availability of the Platform.
In particular, ul reserves the right to impose temporary restrictions on its contractual services in view of measures it needs to take for operational
or security-relevant reasons (in particular for preventive maintenance). ul shall endeavour to provide reasonable prior notice of such measures,
to the extent that they are planned, and in all other respects it shall restore availability within a reasonable time, in view of the cause of disruption.
To the extent that ul's Platform should not be available, this shall not give rise to any claims by Users for warranty or compensatory damages or reimbursement of expenditures.
- In the event of interruptions to availability, it is possible that - in exceptional cases - it may not be possible to record/log a small number of queries.
Should this occur, this shall not give rise to any claims by Users against ul for warranty or compensatory damages or reimbursement of expenses.
- To the extent and for so long as an event of force majeure is present, ul shall have no obligation to perform its services.
In particular, force majeure shall be deemed to include strikes, lock-outs, delays to or failure of supplies by suppliers, where such are caused
by an event of force majeure, electrical power outages and disruptions to or destruction of data transmission lines lying outside of the scope of ul's
responsibility, orders or dispositions by public authorities or courts, attacks by Users or third parties (e.g. by malicious scripts (such as computer viruses)
or DoS attacks) that ul would not have been in a position to prevent, even in the exercise of such care as is reasonable in the circumstances.
Circumstances shall not preclude the presence of a force majeure event merely because ul is, as a general matter, obliged to carry out certain security measures.
- ul is entitled to make changes to its Platform in terms of content and design. In particular, ul is entitled to make further developments
to the Platform to maintain or improve its services, and to adapt it to current technical developments.
Uploading of information (including files and content) (Upload)
- ul does not assume any warranty or responsibility for the timeliness, completeness and correctness of any information uploaded by Users (including files and content).
- ul is not obliged to monitor the information transmitted or stored by it or to investigate it for facts or circumstances indicating illegal activities.
ul's obligations to remove or block the use of information pursuant to the general provisions of law remains unaffected by the foregoing.
- The information uploaded by Users (including data and content), which ul stores for those Users, is third-party information as to ul. ul does not adopt such information as its own.
- To the extent the information uploaded by Users (including files and content) make use of hyperlinks referring to websites of third parties
("external websites"), such references shall likewise be deemed third-party information as to ul. ul does not adopt any such information as its own.
ul does not assume any warranty or responsibility for the availability of external websites.
- ul shall, in particular, not be responsible for information which, as to ul, is third- party information where ul (i) has no knowledge of any illegal
act or of the information, and in cases involving claims for compensatory damages, ul is unaware of facts or circumstances from which any such illegal act
or information would be obvious, or (ii) ul has acted without delay to remove the information or to block access to it as soon as ul gained knowledge thereof.
No third-party rights are created by the foregoing.
- By uploading information (including files and content) the User grants ul a simple right of use, free-of-charge and unlimited in geographical scope,
to that information, including the right to duplicate it and make it available publicly on ul's Platform for such time as the User has stored this information on ul's
Platform. Sec. 8 hereof remains unaffected by the foregoing.
- Unless otherwise agreed, the User shall have no claim for compensation in exchange for uploading information (including files and content).
However, ul is entitled to grant benefits to Users in its free discretion for such uploading of information.
- The User shall have no right to store information (including files and content) on ul's website and/or to make such information publicly
available where that information is incompatible with these TOS and/or applicable law.
- In particular, all information (including files and content) shall be deemed incompatible with these TOS which:
- can adversely affect, damage or destroy software or hardware and, in particular which contains malicious code such as computer viruses;
- infringes on intellectual property rights, in particular patent, trade mark or copyrights;
- satisfies the elements of libel, slander or defamation;
- publishes personal data without the consent of the affected party or without legal permission;
- is racist, glorifies violence or war, trivialises violence or incites sedition;
- denies or trivialises acts committed under National Socialist rule;
- incites hatred against sections of the population or against a national, racial, religious or ethnic group, invites violent or capricious
acts against such groups or attacks human dignity of other persons by insulting, maliciously ridiculing or defaming sections of the population
or one of the above-referenced groups;
- offends human dignity, such as by displaying dying or severely physically or mentally ill persons;
- is pornographic, in particular containing depictions involving children or minors in inappropriate, sexually suggestive positions,
sexual abuse or displays sexual acts of humans with animals.
- is obviously apt to constitute a grave risk to the development of children and minors or their upbringing as responsible members
within the community, taking into account the particular influence of the medium of dissemination.
- ul is entitled, without prior notice and in its free discretion, to block User information (including content and files),
in whole or in part, or to delete such information in whole or in part, where it is incompatible with these TOS and/or with applicable law.
- In particular, ul is entitled without prior notice and in its free discretion to block or delete User information (including files and content)
in whole or in part or to store information (including files and content) under another link than the one initially indicated in whole or in part
- where third parties assert claims against ul, referring to a breach or an infringement of their rights, in particular infringements of intellectual property rights, demanding that ul cease storing and making such information available to the public, or
- where public authorities or courts direct ul to cease storing and making publicly available such information, referring to an infringement of rights or violation of the law.
- The provisions set forth in sections 8.5, 11.1.7 and 11.2.5 shall, supplementally, apply.
- The User shall indemnify and hold ul harmless against all claims which third parties assert against ul for
infringement of their rights by the User or due to violations of applicable law by the User.
4. Affiliate Programme
- Any registered User is authorised to participate in ul's Affiliate Programme. ul is entitled to design the substance of the Affiliate Programme
and the remuneration models in its free discretion, and to modify such at any time with prospective effect. Sec. 11.3 shall not apply in respect thereof.
In particular, ul shall be entitled to restrict the validity of benefits in time and to specify a period at the end of which such benefits shall lapse.
No interest shall be payable on any benefits, in particular on the ul credit account
- ul publishes the current and updated contents of its Affiliate Programme and the remuneration models at http://uploaded.net/affiliate.
- As of the November/December 2009 period, the ul Affiliate Programme consists of the following remuneration models for Uploaders:
- Commission credit for first-time orders:
Users are included as ul Affiliate Programme participants through the storage of data by means of cookies which are transmitted to the potential
User when he or she accesses ul links and which are stored by means of browser software. In this way, a User is included as an ul Affiliate Programme
participant. Thus, Users who have uploaded data and have generated the ul link on that basis shall receive commission credit in the amount of
75% of each sale (as of this time) for first-time orders with respect to each Premium Account successfully referred by that User provided that the non-premium User
- Subsequent commission:
In addition, subsequent commission in the amount of 65% of each sale (as of the present time) shall be credited where a Premium Account User the affiliate previously
solicited extends the term of his account.
- Restricted Commission credits:
Commissions will only be credited if they are first-time or subsequent orders for monthly or more valuable packages and the payments have been made via Creditcard, Paysafe-Card or payment-provider "Sofortüberweisung".
- Users are not permitted:
- To procure or cause ul to grant benefits under ul's Affiliate Programme by violating applicable law or breaching these TOS, or
- to obtain the grant of benefits under the Affiliate Programme by fraud or
- to circumvent the terms and conditions of the Affiliate Programme.
- In the event of a breach of sec. 4.4 hereof, ul is entitled to withdraw benefits which have been granted and - to the extent necessary and appropriate -
to temporarily block that User's access or to exercise extraordinary termination of its agreement with the User in cases of repeated breach and after having given a warning to no avail.
5. Modes of payment
- Application for payment
- The assertion of a claim for payment is predicated on the User's submission of an application for payment to ul,
containing such details as are necessary to enable ul to review the fulfilment of prerequisites of the payment and to facilitate the payment.
- ul is entitled to determine in its free discretion how payment shall be effected. In particular ul is entitled to stipulate that payment shall be made via
Webmoney, Alertpay, Paysafecard and/or bank transfer. The User shall notify ul in his or her application for payment which of the payment methods offered by ul he or she is selecting.
- The User is only entitled to submit an application for payment when he or she has a credit balance of at least EUR 50 and when applying for payment of an amount of at least EUR 50.
- The user is not entitled to any refunds. All sales are final. Our customer support will be happy to offer you some sort of compensation, should you not be satisfied.
- ul shall immediately review the User's application for payment. ul's review shall also include a review of the User's compliance with ul's TOS.
ul shall prepare a statement of account for each application for payment submitted by a registered User. Where, following ul's review,
ul determines that there are no obstacles to payment, ul shall timely pay the amount determined upon completion of its review (where possible within 30 business days)
by such method of payment as the User has selected.
- Where the User so requests and it is necessary for tax reasons, ul shall generate a receipt which comports with the requirements of tax law for each payment to the User.
Where the User with an entitlement to payment does not report his income from ul on the basis of commercial activity or where he fails to furnish proper evidence in this regard to ul,
disbursement shall be made as a credit minus 20% fees, if the payout sum amounts less than 100 EUR.
6. Deletion of information (including files and content)
- Subject to any amendment to these TOS (sec. 11.3), ul is authorised:
- to delete files uploaded by a Free Account User which have not been downloaded for more than 180 days since the last download thereof, and
- to delete files uploaded by a Premium Account User which have not been downloaded for more than 180 days since the last download thereof, if the the Premium Account User demands more than 10 Gigabyte disk space at his account or
- the user hasn't actively reserved a Webspace contingent.
- When a User acquires a Premium Account, he or she is entitled to limited download volume in the amount of 100 Gigabyte and 5 Gb Hybridtraffic from such time as the Premium Account is activated.
Moreover a credit note takes place in the amount of up to 30 Gigabyte per day, if the download volume amounts to less than 500 Gigabyte.
The credit note always takes place in the specific amount, that 30 Gigabyte will be credited or the maximum download volume in the amount of 500 Gigabyte has been reached.
- Notwithstanding what is set forth under sec. 6.1 and 6.2 hereof, ul is entitled to decline to upload information
(including content and files) to block or to delete information or to store information under another link than the one initially indicated where the information uploaded
by the User (including content and files) breaches applicable law or these TOS. In particular, this shall apply in respect of files which glorify violence,
contain discriminatory, racist or copyrighted content, or in cases in which a demand has been made or an obligation imposed on ul to block, delete or store in a different
manner such information, or where a User or a third party forwards information to ul which is relevant under sec. 6.5 hereof.
- Where the User violates applicable law or breaches these TOS and ul or one of its Sponsors incurs financial losses or expenses,
the User shall be liable to pay compensation for such losses and expenses.
- ul strives to protect third-party rights to intellectual property.
Where a User suspects or gains knowledge of information (including files and content) which breaches these TOS or violates
applicable law or infringes third-party intellectual property rights, ul requests Users to notify it of the links to such illegal information
(including files and content) by e-mail to the address firstname.lastname@example.org (where possible, indicating the infringed work).
ul is authorised to remove the illegal information (including files and content) or to place it in ul's data filter list.
7. No index of stored information (including files and content)
- ul has no control over who downloads information (including files and content) which a User has uploaded to ul's Platform. ul does not provide
information to third parties as to the web address under which information (including files and content) are stored on ul.'s Platform, except where ul is obliged to do so.
These TOS do not give rise to any duty on the part of ul to provide or make available an index of information (including files and content) available on ul's Platform.
8. Rights to use information (including files and content)
- The Uploader grants ul the right to overlay advertising (the style and content of which ul may determine in its free discretion) on the ul Platform,
in particular in connection with the downloading of information (including files and content) which the Uploader has uploaded to the ul Platform.
Within the meaning of this section, 'Advertising', in particular, includes banners, links, buttons, videos and pop-ups.
- The Uploader grants ul the right to create scaled-down images (thumbnails) of files containing images and videos to enable easier use of ul's
website and to integrate such thumbnails within a search function or otherwise into ul's Platform.
- The Uploader grants ul the right to make such changes to the information (including content and files) as are necessary due to technical processing and transmission,
in particular to perform transmission of the information (including content and files) via various networks and to make technical modifications in order to comply with
the technical requirements of linked networks or other technical facilities.
- The Uploader warrants to ul that the Uploader holds all necessary rights with respect to the uploaded information
(including content and files) and, in particular, that it holds the right to store, process, publish and/or transmit the information (including content and files),
whether as the copyright holder or as the holder of a right of use, and that such rights are of the scope and extent required under these TOS.
The Uploader further warrants that by uploading the information (including content and files), and in particular in the associated processes of storing,
processing, publishing or transmitting the information (including content and files), no third-party rights and no laws which may be applicable
have been breached or violated. In the event of a breach of the foregoing warranties by the Uploader, as between the Uploader and ul, the Uploader
shall indemnify and hold ul harmless against any and all liability to third parties.
- In the event of a serious violation of applicable law or a serious breach of these TOS, ul is entitled to block the User's access to ul's Platform,
to exercise extraordinary termination of the agreement with the User and to deprive the User in whole or in part of any benefits granted under the
Affiliate Programme, including any credit balances.
- ul is making its website available on a worldwide basis. With the exception of Users referenced in sec. 9.2 hereof, the following applies
with respect to all Users: ul hereby excludes any liability for reimbursement of expenses or for compensatory damages or other claims for recourse against ul,
including claims for compensation of lost profits, compensation of consequential damages and indirect damages. The foregoing shall not apply with respect to ul's
liability on the basis of mandatory provisions of law, nor shall it apply to damage or losses which ul or its legal representatives or vicarious agents cause by
intentional act or omission or gross negligence.
- The following applies to Users whose ordinary residence at the time of entering into the agreement was in the Federal Republic of Germany:
- ul shall in each case bear unlimited liability for losses:
- due to injury to life, limb or health, which are based on an intentional or negligent breach of duty and/or which are otherwise based on intentional
or negligent conduct of ul or one of its legal representatives or vicarious agents;
- due to the lack of or the cessation of a characteristic warranted by ul and/or in the event of a failure to satisfy a warranty granted by ul;
- based on an intentional or grossly negligent breach of duty and/or based otherwise on intentional or grossly negligent conduct of ul or one
of its legal representatives or vicarious agents;
- based on the fact that ul has fraudulently concealed a defect.
Unless otherwise agreed in secs. 9.2.1 and 9.2.4 hereof, ul shall in all further and other respects bear liability
to Premium Account Users for losses caused by slightly negligent breach of material obligations ("Cardinal Duties") or other contractual obligations by ul or one
of its legal representatives or vicarious agents, and only subject to a limitation on its liability to losses which are typical for the contract and foreseeable.
Cardinal Duties are obligations without the satisfaction of which it is not possible to properly perform the contract at all and as to which the User may rely on ul's compliance.
ul hereby excludes no-fault liability under sec. 536a (1) modality (1) of the German Civil Code for defects which were already present at the time the agreement was entered into.
- Unless otherwise provided in secs. 9.2.1 and 9.2.4, ul's liability to Free Account Users is hereby excluded in cases of
simple negligent conduct by ul or its legal representatives or vicarious agents.
- The foregoing rules shall apply irrespective of whether the claims are contractual or statutory in nature and shall also apply mutatis mutandis with respect
to liability for compensation of futile expenditures. The above-referenced exclusions of liability and limitations on liability shall not apply with respect to liability
under the German Products Liability Act. In all cases, the right to raise the defence of contributory fault shall remain unaffected by the foregoing.
10. Data protection
- In accordance with the provisions of law and the terms and conditions of contract, ul strives to protect its Users' personal data.
For purposes of information, ul makes a data protection notice available for download at www.uploaded.net/privacy.
11. Special rules with respect to registered Users
- General duties of Users
- The User is responsible for correctly supplying the information necessary in order to perform this agreement and/or to use ul's services.
The User shall inform ul without delay of any changes to such information.
- The User shall ensure that he or she regularly checks his e-mail account, that the storage space in that e-mail account shall at all times suffice
to receive incoming e-mail and that he or she is able to obtain timely knowledge of the contents of any incoming e-mail. The User shall not use an e-mail
account to which other individuals have access (including e-mail accounts from which others have the right to send e-mail.
- The User shall ensure that he or she meets the necessary preconditions in order to properly use ul's services, in particular with respect to hardware,
operating system software, necessary application software and Internet connection deployed by the User. The User shall bear the costs of his or her own hardware
and software and Internet connection.
- The User shall not impair ul's ability to perform its services by using ul's Platform or by making use of ul's services.
- The User shall take such precautions as are necessary to secure his or her own system. The User shall secure his or her data at reasonable intervals and shall make use of software which affords protection from malicious software such as computer viruses.
ul shall not be responsible for any losses caused by malicious software.
- The User shall inform ul without delay of any complaints with respect to ul's services.
- ul is authorised to block the access of a User to ul's Platform in whole or in part. In particular, ul is authorised to block a User's access in
whole or in part to secure IT security, e.g. after the User has incorrectly entered his or her access data three times in succession, and for purposes
of enforcing intellectual property rights. ul shall, furthermore, be authorised to issue a warning to the User in the event of a breach of contractual
obligations or duties owed by the User ("Warning"), to block the User's access or to extraordinarily terminate the agreement with the User.
ul's right to demand compensatory damages and compensation of expenses shall remain unaffected hereby.
- By signing up Premium users agree that Coldsend GmbH, Alte Steinhauserstr. 1, 6330 Cham,
Switzerland can assert claims regarding the Premium services on behalf of ul. The provision of
services further on takes place by ul.
- Special duties of User with respect to User's access data
- User membership requires the User to register. Following registration, the User shall receive his or her access data.
- The User is responsible for handling his or her access data in a confidential fashion. The User may not provide his or her access data to
third parties and shall keep the same secure from access by third parties.
- The User shall inform ul without delay if there are grounds to suspect that unauthorised persons have gained knowledge of the User's access data.
- The User is not authorised to grant a third party the right to use his or her Free Account or Premium Account, whether on a gratuitous basis or for consideration (e.g. "Sale").
- If ul learns of facts or circumstances which, upon consideration by a person with the appropriate knowledge and skill, suggest that there has been misuse of the User's access data or
a breach by the User of these TOS, ul shall be entitled to temporarily block the User's access.
- ul is entitled to charge the User with the costs of all measures which may be necessary and which ul incurs in pursuing misuse or in prosecuting a breach of these TOS.
- Amendment of registration agreement
- ul hereby reserves the right to amend its registration agreement, including these TOS, provided that such amendment is reasonable to the User (Contractual Amendment).
- ul shall notify the User of its intent to amend the agreement and the date upon which such amendment is to become effective (Date of Amendment) at least eight
weeks prior to the Date of Amendment (Notification of Amendment) and shall alert the User that he or she is entitled to object to the Contractual Amendment within
six weeks of receiving the Notification of Amendment, by forwarding a declaration of objection by letter, facsimile or e-mail.
- Where the User raises an objection in the proper form and within the proper time, or if ul has failed to properly refer in its Notification of Amendment to legal
consequences of the User's failure to object, or if the Contractual Amendment is unreasonable to the User, then the Contractual Amendment shall not take effect.
In such case, either party shall be entitled on or before the Date of Amendment to exercise a special right of termination effective as of the Date of Amendment.
- Where the User fails to object in the proper form and within the proper time, and where ul has properly advised the User in its Notification of the Amendment
to the legal consequence of the User's failure to object, and if the Contractual Amendment is reasonable to the User, then the Contractual Amendment shall take
effect on the Date of Amendment.
- Change of counterparty
- ul reserves the right to transfer and assign the rights and duties arising out of these TOS and from agreements concluded on the basis of these TOS to a
third party (Contractual Assignment).
- ul shall inform the User of its intention to transfer and assign the agreement and of the date upon which the amendment is to take effect (Date of Amendment)
at least eight weeks prior to the Date of Amendment (Notification of Amendment) and shall advise the User that he or she is entitled to object to the Contractual Assignment
within six weeks of receiving Notification of Amendment by sending a statement of objection by letter, facsimile or e-mail.
- Where the User raises an objection in the proper form and within the proper time, or if ul has failed to properly refer in its Notification of Amendment
to legal consequences of the User's failure to object, then the transfer and assignment shall not take effect. In such case, either party shall be entitled
on or before the Date of Amendment to exercise a special right of termination effective as of the Date of Amendment.
- Where the User fails to object in the proper form and in the proper time, and where ul has properly advised the User in its Notification of the Amendment to the legal
consequence of the User's failure to object, then the Contractual Assignment shall take effect on the Date of Amendment.
- In the event of a Contractual Assignment, the User consents to ul's transmission of the User's stored personal
data to the assignee. If the User refuses to give consent to such transmission of data, ul shall be entitled to refuse to enter into the registration agreement with such User.
The User is entitled to revoke consent with prospective effect. In the event of a revocation of the consent by the User, ul shall have a special right of termination
with immediate effect.
- Registration agreements are made for an indefinite term, except where a fixed contractual term (e.g. 3 days, 1 month, 3 months, 6 months, 1 year) has been agreed.
- Where the parties have not agreed to a fixed contractual term, the User may exercise an ordinary right of termination at any time, without any notice period.
If no fixed contractual term has been agreed, ul shall have no right of ordinary termination. Where a fixed contractual term has been agreed,
the registration agreement shall terminate upon the expiry of such fixed term.
- The parties' right to exercise extraordinary termination, their right of special termination, and ul's right to block the User's access remain unaffected by the foregoing.
This applies even if a fixed term has been agreed.
- Termination of the agreement by notice shall be deemed to authorise ul to deactivate that User's profile on ul's Platform.
After the agreement comes to an end, ul shall be entitled to delete any and all of the User's data without any prior notice to the User.
Statutory duties of storage or archiving shall remain unaffected hereby. The User shall have no right to demand that ul surrender his or her data.
12. Terms of Service
- These TOS and agreements concluded on the basis of these TOS shall be governed by the law of the Confoederatio Helvetica,
excluding application of the UN CISG and excluding international choice of law rules, in particular excluding any choice of law rules referring to the law
of another country or providing for renvoi.
- Jurisdiction and venue for all disputes on the basis of these TOS shall lie (to the extent permitted by law) with the courts located at ul's registered office.
However, ul is entitled to assert legal remedies against Users at Users' domicile, and in particular to bring actions against Users in the courts of their domicile.
- If any provision of this agreement should be or become invalid or impracticable in whole or in part, the validity of performance of the remaining provisions of
this agreement shall remain unaffected thereby.
- These English TOS are a convenience translation only. The only relevant TOS are those in German.