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User license agreementServices of MomUpload. MomUpload reserves the right to change or stop all of the rendered Services at any time. The rights to use the Services of MomUpload. Our Services are rendered to private persons or organizations that have the corresponding legal status that enables the conclusion of legally binding arrangements in accordance with legislation. Accepting this agreement, the User confirms the fact that he or she has the license of economic activity (to be the consumer of services) in accordance with the law (during a period of validity in the present Agreement), he or she is not a business rival of MomUpload, and also declares that in accepting the present Agreement, the Client is at least 18 years of age and has the right to conclude the contracts, which have a binding force, as the Client. Account of the Client. Rights of the client. Responsibilities of the client. The client undertakes to give to MomUpload the true, exact, and full information about him or herself for all of the questions that are requested on the registration form. The client agrees the update and support information to be true, exact, and in a full state. Otherwise, MomUpload has the right to suspend or cancel your account and present Agreement. The client is the unique legal owner for the data of the account (the login, password and all attendant data). The client has full responsibility for all and any (successful or unsuccessful) attempts to access the Services or use ofServices (including all actions and transactions) with the use of the account of Client, except for cases when access or the utilization of Services is a direct result of negligence of MomUpload. The client is completely responsible for the preservation of the confidentiality of the information of access to his or her account, as well as has full responsibility for the actions that occur by way of his or her account. The client undertakes to notify MomUpload immediately in case of nascence of the circumstances indicating that his or her account or information was used unauthorized. These cases are (but not limited): reception by the Client of confirmation his or her orders of services, made on his or her account that the Client didn't order; occurrence in client's account of data regarding actions (downloading or uploading files) that the client didn't do or other similar inconsistent actions. Client's data. Ordering information. Changing the information about the client. The client has exclusive obligations and full responsibility for the information, which he or she saved on the servers of MomUpload. The client supervises his or her own files through the unique reference generated for him or her. The client has full responsibility for the data and exclusive obligation for any lost and unreduced information. The client agrees to contain the information according to legal responsibilities. The client agrees to reception on the e-mail address of news of service, the information on new services and actions of service MomUpload. MomUpload undertakes to delete the client's information after completing a period of validity in the present Agreement. MomUpload reserves the right to keep the client's information in the archives after his or her deletion, and has not any obligation to the Client for such information. In using our service IP address your browser will be identified and brought into the databases of our servers. This IP address is saved by the servers of MomUpload only for our internal utilization (calculation of visiting, optimum usage of downloading files, etc.). MomUpload uses cookies to save the options of the users' browsers, in the case that users provide their consent. Utilization of cookies doesn't permit one to find out confidential information about a client - e-mail address, postal address, numbers on a credit card, etc. Our service calculates the e-mail addresses of users of MomUpload with the purpose of registration and the enumeration of users. MomUpload does not sell and does not share your personal information with any companies. Owenership of information and copyrights. You recognize that all materials (except the users' uploading), submitted on the present Web page, switching the information, documentation, goods, trademarks, drawings, sounds, GUI, software, and services (further called Materials), rendered by MomUpload or third parties - authors, developers, suppliers (in generally called Intermediaries), belong to MomUpload and/or to Intermediaries. Elements of Web pages are protected by legislation on a set of various nonfunctional elements of the goods or services and other legislation and cannot be copied or reproduced in part or whole. MomUpload, trademark of MomUpload and other goods mentioned in the present agreement, are trademark of MomUpload. Other names of goods, names of companies, marks, trademarks, and symbols are trademarks of corresponding organizations. Services of MomUpload can be used in legitimate objectives. Transmission, distribution, or storage of any materials that violate laws are forbidden.This includes without restriction the materials protected by patents, copyright laws, trademarks, commercial secrets, and the other intellectual property rights. The client is obliged to receive the author's preliminary agreement in the case of the use of his or her materials. In using the Services, you declare and guarantee that you are the author and owner of the copyrights and/or have due licenses for the represented information, you also declare and guarantee that your information does not offend trademarks and other rights of third parties. MomUpload reserves the right to immediately suspend or delete the account of a client, which, in the opinion of MomUpload, offends the present agreement or laws or decisions. You agree to not use the services of MomUpload for the purpose of: Loading, accommodation, sending by way of e-mail, transmission or publication by other means of information distributing for terrorist propagation, propagandizing of kindling interethnic, racial or religious break a set, representing violence or death; Causing of harm to minors, including any form of child pornography; in the case that we shall regard this as sufficiently serious, it will be transferred to the corresponding administrative tribunals and/or members of the ISP; Loading, accommodation, sending by way of e-mail, transmission or publication by other means of information, which offends the rights of some party on all patents, trademarks, commercial secrets, copyrights, or other property rights. You undertake to not place information containing illegal materials, as well as other forms of the transmission of illegal or obscene contents and information prompting illegal actions inducing gaming, illegal sales of the weapons, advertising, or the publication of materials that violate legislation regarding the distribution of pornography and racism. You also undertake to not place discrediting information concerning some person, without the consent or intentionally rendering such to someone as mental cruelty. In the case of the non-observance of the present requirements, MomUpload reserves the right to immediately suspend or delete, without preliminary prevention, your account or the transaction violating the present agreement. Illegal actions also include intrusions or attempts of intrusion into the information system of MomUpload, or attempts to affect the ability of MomUpload to render Services. These are (but not limited to the following actions): Intervention in the process of rendering Services to any client or users' network for example avalanche routing or intentional attempts to overload system; There are many other actions that can destroy the infrastructure of MomUpload, which are strictly prohibited and are the subject of criminal and civil liability. Lawfully or not, MomUpload reserves the right to decide for the fate of the activity of MomUpload and its Clients. Attentions please, in such a case if it will be detected that an account or transmitted information violates any of those rules, MomUpload reserves the right to delete the account or stop the transfer of information. If it is necessary, MomUpload will send claims to the corresponding legal structures. In this case, MomUpload will actively cooperate with administrative tribunals in the investigation and criminal prosecution of similar actions, which means the disclosure of the data of the Client's account. Complaints of the persons, breaking our Rules, are accepted by contacts. Each complaint will be considered, and depending on the results, can lead to the deletion of the Client's account without preliminary prevention. Absence of guarantees. Responsibility. You express understanding and agreement with the following: You use these services at your own risk. Services of MomUpload are rendered “as is” and “as far as possible”. MomUpload and its representatives, within the limits allowed by legislation, haven't the responsibility for the any guarantees, for example, the guarantee of conformity of the user's purpose, guarantee of commercial suitability, and guarantee of absence of violation of third parties rights. MomUpload and its representatives do not guarantee accuracy, reliability, completeness, timeliness of Services, software or other information content; We don't guarantee that Some materials, which you loaded or otherwise received through the utilization of Services, are used by you at your own discretion and at your own risk, and only you have exclusive responsibility for any data that is lost or damaged, which can also damage your computer system or as the result of loading these materials; Any consultation or information, written or oral, received by you through the utilization of Services, doesn't represent a guarantee, except for direct guarantees in the present Agreement. You agree to recover damages, including reasonably the necessary payment of legal services, and to release MomUpload, its affiliated organizations, and branches, management, employees, agents from responsibility for any claims and requirements based on your utilization of Services; or violation of the present Agreement or other rules and conditions of MomUpload. You use the services of MomUpload at your own risk. If you are not satisfied with our Services or present user agreement, or any other rules, you have the right to stop the utilization of Services. You agree that MomUpload is not responsible for any sheer, indirect, collateral, or penal losses as such as lucrum cessans, lost of reputation, data that is lost or other non-material losses, taken place for reasons of utilization or impossibility of utilization of services; necessities to pay anew the unremunerative goods or services purchased through the utilization of Services; unauthorized access or modification in transmitted information or data; statements or actions of any third party within the framework of services; any other event concerning the Services. Modification of the Agreements and Rules for extension of Services. We reserve the right at any time to modify the present agreement for the extension of Services. We also reserve the right at any time to modify or stop all Services, with the prior notification or without, for a specified time or without a time limit. You agree that MomUpload does not have any obligations to you, nor to any third party for any modification, suspension, or termination of Services. You recognize that we can establish the general rules and restrictions of using Services, including the maximal disk space allotted to you on the servers of MomUpload, the maximal number of look-up, (and their time of duration) to Services for the specified time. In addition, you recognize that MomUpload has the right, without preliminary prevention, to change tariffs for the utilization of Services. Modification of tariffs for the utilization of Services inures after the termination of the validity of an existing subscription of the Client. MomUpload has the immediate right to prevent, suspend, (without a time limit or temporarily) to close access and to stop the extension of Services to the client, or to delete the account of the Client, and also to refuse to render service to the client further in the case of: MomUpload reserves the right at their own discretion at any time to stop Services or their part, with the prior notification or without such. You agree that the termination of access to Services on any item of present user's agreement can inure without prior notification, and also agree that MomUpload has the immediate right to deactivate, archive, or delete your account and their parts: information, data and-or refuse to access in the further to those data or Services. Furthermore, you agree that MomUpload is not responsible to you or any third party for the termination of your access to Services. After the cancellation of the present Agreement by the Client or MomUpload, all privileges of the Client stipulated in the Agreement, and obligations of MomUpload extension of Services, are immediately cancelled. Incapacity of MomUpload to undertake actions concerning violations performed by theClient or other persons, does not deprive the right of MomUpload to take measures concerning subsequent or similar violations. Any requirement or claim raised by the Client for any items of the present Agreement should be given within twelve months from the moment of occurrence of the requirement or the claim's basis. The client and MomUpload are independent contractors. The present Agreement does not provide and does not create such forms of legal relationship with the Client as an establishment, company, joint venture, labor relations, trading relations. For the conditions of the present Agreement, the Client has not the right to transfer any rights or to assign other persons duties. Any attempts of transfer those rights have not validity. Our activity for the extension of Services can be broken by various factors, which we can't control. We have not the responsibility for any delays, or the incapacity to render Service as a result of reasons, which do not depend on us. If any clause of the present Agreement is declared invalid, that clause should be bypassed, with the least damage of interests of the parties, and other clauses of the Agreement continue to be in effect. Headings of items of the Agreement serve only for convenience, and in any degree do not determine, limit, interpret, or describe a spectrum or a measure of an item of agreement. Accepting this agreement, you declare and guarantee to MomUpload company, that you are not a competitor of MomUpload and you undertake to not use the information received through the utilization of the website of MomUpload and Services of MomUpload for being in a competition to the last. Excepting agreements and conditions that are published on the website, the present Agreement regulates full understanding and agreement between the parties concerning the discussed subject. With any questions concerning the legal agreements of MomUpload contacts Department of the fight against abuse: abuse Counterfeit files will be immediately deleted after the reception
of your proven confirmation. In the case of the detection of such files, we
will take advantage of this form and send a full reference on such a file. |
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