Terms and Conditions for PowerUploads

Web Site Terms and Conditions of Use

1. Terms

These Terms and Conditions are a legal contract ("Agreement") between you and PowerUploads for the use of PowerUploads.com and the services provided herein.

The service (the “Service”) includes computer software and, as applicable, associated content, databases, forums, media, printed materials, and online or electronically distributed documentation.

The headings for the sections of this Agreement are for reference only, and are not binding parts of this Agreement. Users must agree to these terms by selecting the box at registration, confirming they agree to this agreement, or by use of the service. By selecting the box confirming they agree to this agreement, by registering for use of the service, or by using the service, the users agree to be bound by these terms and conditions, including the warranty disclaimers, limitations of liability and termination provisions below. If they do not agree to such terms and conditions, they may not use the services and must exit immediately.

By registering, you certify that the information that you provide on the registration form is accurate and pertains only to you, and you further certify that you are over the age of eighteen. You are responsible for maintaining the confidentiality of the password you are assigned. .

2. Intellectual Property Rights

The content on the PowerUploads Website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PowerUploads, subject to copyright and other intellectual property rights under United States and foreign laws, and international conventions.

Content on the Website is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PowerUploads reserves all rights not expressly granted in and to the Website and the Content.

You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PowerUploads Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PowerUploads Website or the Content therein.

3. User Video Submissions

The PowerUploads Website permits the submission of videos or other communications submitted by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PowerUploads does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize PowerUploads to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

You shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PowerUploads, you hereby grant PowerUploads a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the PowerUploads Website and PowerUploads' (and its successor's) business, including without limitation for promoting and redistributing part or all of the PowerUploads Website (and derivative works thereof) in any media formats and through any media channels.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PowerUploads all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PowerUploads or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.

PowerUploads does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and PowerUploads expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, PowerUploads may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. For clarity, PowerUploads does not permit copyright infringing activities on its Website, and reserves the right to terminate access to the Website, and remove all Content submitted, by any persons who are found to be infringers.

In particular, if you are a copyright owner or an agent thereof, and believe that any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work(s) that you claim has been infringed; (c) identification of the specific User Submission(s) alleged to be infringing, including information reasonably sufficient to permit PowerUploads to identify and locate the material on the PowerUploads Website; (d) information reasonably sufficient to permit PowerUploads to contact you, such as your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. PowerUploads' designated Copyright Agent to receive notifications of claimed infringement is: [copyright@PowerUploads.com]. You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may not be valid.

4. Third Party Web Sites

PowerUploads does not control what third party websites do, and they have their own policies. Links to third party websites for purchase of media items or for further information are provided for convenience, and are not necessarily sanctioned, controlled or monitored by PowerUploads. These third party websites are typically subject to their own privacy policies, terms of use, and rules, independent of those of PowerUploads. It is your responsibility to review the appropriate legal documentation supplied by each third party website. PowerUploads makes the assumption that by using the Service and providing PowerUploads with the appropriate access information, you are giving PowerUploads the authority to submit your content to these third party sites and are in agreement with any terms and conditions which apply to your content.

5. Suspension Rights

PowerUploads reserves the right to remove, edit, deactivate or suspend any and all use of services, information and/or user accounts for any reason whatsoever, without prior notice. You also agree not to: (1) take any action that imposes an unreasonable load on the PowerUploads Service; (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the PowerUploads Service or any activity being conducted on or through the Service; (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the PowerUploads Service; (4) delete or alter any material posted by any other person or entity; (5) frame or link to any of the materials or information available from the PowerUploads Service; or (6) take any other action that PowerUploads determines, in its sole discretion, is an improper use of the Service.

You agree not to violate the copyright, patent, trademark, trade dress or other intellectual property rights of PowerUploads or any third party through your use of the Service.

You agree not to post third party intellectual property, including but not limited to copyrighted works, or links thereto, except as expressly permitted by the copyright holder.

You agree not to link, post or otherwise reference sources of unlicensed or illegal content via PowerUploads. Such posts are subject to immediate removal, and users making such posts are subject to warning, account suspension or account deactivation, at the sole discretion of PowerUploads.

Should you decide to submit, enter or transmit information or materials of any kind through use of the Service, you are responsible for ensuring that you are authorized to do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including PowerUploads or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you submit, originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

If you submit any information to our site, you agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes or chain letters or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication; or (6) post any other information or contact any user in a manner that, in PowerUploads's sole discretion, is deemed inappropriate.

6. Disclaimer of Warranties

Use of this site, service, and any software provided in connection with this site or service is provided to you on an "as is, as available" basis, as an accommodation, and without warranty of any kind. No warranties express or implied, are made with respect to this site, service, and software, including, without limitation, any warranty of title, merchantability, or fitness for a particular purpose.

In no event shall PowerUploads be liable for any damages to you of any kind, including for any deficiency, error or interruption in the services provided hereunder, or any general, special, incidental or consequential damages arising out of the use of or inability to use this site, service or software. This includes, but is not limited to, lost income, lost profits, lost savings, loss of data, data being rendered inaccurate, failure of service or the inability to use a computer, whether arising out of tort, contract or otherwise, even if PowerUploads has been informed and so advised of the possibility of such damages. Your sole remedy in the event of any loss, deficiency or error shall be to request that PowerUploads correct the matter, or you may discontinue use of the service.

Because some jurisdictions may not allow the exclusion or limitation of the foregoing warranties or liability for consequential or incidental damages, the above limitations may not apply to you. In the event the applicable jurisdiction or federal law does not allow the complete exclusion or limitation of liability of claims and damages as set forth in this agreement, PowerUploads’ liability is limited to the fullest extent permitted by law.

You are responsible for your own conduct and those of your agents. You agree to accept sole responsibility for any use of Internet facilities conducted or permitted by you; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users.

7. Site Terms of Use Modifications

PowerUploads.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of California, and the parties hereto agree to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in the State of California for any dispute relating to this Agreement.

To the extent any part of this Agreement is declared invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect.

The failure of PowerUploads to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

The parties hereto agree that this Agreement, which includes PowerUploads' Privacy Policy, sets for the entire agreement between the parties with respect to its subject matter.