Terms Of Use

Last revised: May 6, 2015
Welcome to Upload.io. These Terms of Use apply to the www.arboxy2.wpengine.com website and Upload.io, Inc. (together, “Upload.io”). We provide a wide array of services, including the www.uploadvr.com website, (“Services”). By using the Services, you agree to the following Terms of Service (“Terms”). Please review them carefully. If you do not agree to them, then do not use the Services.

Scope of This Agreement
The Terms govern your access to and use of the Services. We reserve the right in our sole discretion to modify, amend, or supplement these Terms at any time. We will make reasonable efforts, such as prominent displays on our website, to notify you of changes to the Terms. Despite these notices, you should still periodically review these Terms. By continuing to use the Services after a change to the Terms, you agree to the Terms as changed.

Access to the Services
By accessing and/or using the Services, you represent to us that you are at least 13 years old and that you possess legal authority to do so. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. You may not use any robots, spiders, crawlers, scrapers, programs, or other automated code to access, acquire, copy, or monitor the Services, or any content thereon. You may not use any device, software, program, or process that interferes with the Services or places an unnecessary load on Upload.io’s servers.

You may not copy, reproduce, publicly display, host, transmit, encode, modify, sell, lease, license, or distribute any content on the Services. You may also not reverse engineer or extract source code. You agree to not “deep­link,” frame, or embed any content on the Services. You may not use Upload.io’s trademarks in metatags or otherwise without Upload.io’s express written consent. You certify that any information provided by you is accurate and truthful.

Links to Other Sites
Our website may contain links to third­party websites, applications, or services. Those third party sites, applications, and services are not under our control, and we are not responsible for, nor do we endorse, the content on such sites, applications, and services. You agree that we are not responsible for the availability, accuracy, or safety of any content or service provided on or through third party websites, applications, or services.

Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties
UPLOAD.IO’S SERVICES, CONTENT, INFORMATION, AND PRODUCTS ARE PROVIDED ON AN “AS­IS” AND “AS­AVAILABLE” BASIS. UPLOAD.IO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, ACCURACY, LEGAL STATUS, OR AVAILABILITY OF THE SERVICES OR CONTENT PROVIDED THROUGH ITS SERVICES. YOU USE UPLOAD.IO’S SERVICES AT YOUR OWN RISK. ALL CONTENT AND INFORMATION PROVIDED BY UPLOAD.IO IS SUBJECT TO CHANGE NOT ENSURE, VERIFY, OR REPRESENT THAT ANY FILES OR OTHER DATA YOU RECEIVE FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER CONTAMINANTS.
UPLOAD.IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON­INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.
TO THE EXTENT YOUR STATE DOES NOT ALLOW SOME OR ALL DISCLAIMERS, THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability
YOU AGREE THAT UPLOAD.IO, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS OR OTHER ENTITIES THAT UPLOAD.IO WORKS WITH IN PROVIDING THE SERVICES, SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES RELATED TO OR ARISING OUT OF THE SERVICES, EVEN IF WE ARE AWARE OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY OR DAMAGES EXCEED $1,000.
TO THE EXTENT YOUR STATE DOES NOT ALLOW LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify and hold harmless Upload.io, our officers, directors, shareholders, predecessors, affiliates, successors, employees, and agents from any claims from third­parties arising out of or related to your access or use of the Services.

Dispute Resolution
Any dispute or claim arising out of or related to these Terms, Upload.io’s Services, or its Privacy Policy will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class­wide arbitration. You agree to arbitrate all disputes in California pursuant to the rules of the American Arbitration Association and waive any objection to personal jurisdiction. Any claim under these Terms must be brought within one year after the claim arises, or it will be forever prohibited.

Applicable Law
You agree that the law of California, without regard for conflict of laws principles, will govern any dispute arising out of or relating to these Terms.

Copyright Complaint Procedure
We respect the rights of others and take all complaints of infringement seriously. We respond to notices of infringement as quickly as we can and terminate the accounts of repeat infringers. If you believe that your work appears in a way that infringes on your copyrights, please submit a notice to the Copyright Agent designated below and provide the following information:
• A description of the allegedly infringing work;
• A description of the copyrighted work that you claim is being infringed;
• Your contact information, including name, email address, and telephone number;
• A statement by you that you are submitting the notice in good­faith and the use of the work is not authorized by law;
• A statement by you, under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for the purposes of copyright infringement notices can be reached here: UploadVR, Inc.
Attn: Copyright Agent
3308 Fulton Street
San Francisco, CA 94118 [email protected]

Miscellaneous
These Terms represent the entire agreement between you and Upload.io. The Terms supersede, and replace any other prior understandings or agreements between you and Upload.io. If a court of competent jurisdiction deems a provision in the Terms void or unenforceable, such provision shall be eliminated to the extent necessary to ensure the continuing validity of the Terms. Failure of any one provision of the Terms does not render the entire agreement unenforceable. Upload.io’s failure to enforce a provision of the Terms is not waiver of its right to do so at a later date.