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GENERAL BUSINESS TERMS AND CONDITIONS OF 83.io Upload
DEFINITION OF TERMS AND ABBREVIATIONS
83.io Upload – the service and/or application provided by the Provider on the Website as described in this T&C.
Provider – company Green Light Solutions s.r.o., corporate ID No. 24662828, with its registered office at 148, 251 01 Nupaky, registered in the Commercial Register of the Municipal Court in Prague, File No. C 164322, registered in the Czech Republic.
Website – website accessible on the link http://83.io Upload.gl domain providing interface for the 83.io Upload.
T&C – These Terms & Conditions contain general terms and conditions applicable for and governing the use of 83.io Upload by User(s). Each and every User is encouraged to get acquainted with T&C in detail. By commencing any use of 83.io Upload services every User accepts and acknowledges T&C and confirms their unconditional and full acceptance.
User – natural person of age of 13 years or more, and/or corporation using the 83.io Upload by uploading the Files on the 83.io Upload, creating Batch and distributing links to other persons. In order to access 83.io Upload User shall provide own valid e-mail address. The term User may also include both the Registered User and Premium User as defined below.
Registered User – User who has registered himself with the Provider by providing valid e-mail address and by establishing unique password in order to log-in to 83.io Upload regularly or in order to use enhanced 83.io Upload services available to Registered Users. The term Registered User may also include Premium User. Access to Registered User`s account on 83.io Upload and use of 83.io Upload services is completely free of charge.
Premium User – Registered User who agreed to pay the Fee for using 83.io Upload with full and enhanced premium options and services and thus unlocking full potential of 83.io Upload capabilities and tools.
Fee – the monthly or yearly fee for premium 83.io Upload services provided to Premium Users.
Consumer – User, Registered User or Premium User who is a natural person and not an entrepreneur and who is using 83.io Upload for other purposes (usually private) than business purposes.
Batch – the term referencing any number of Files uploaded by User at one time, including simple web presentation, and for which the link is provided to the User in order to distribute to third persons or which is distributed by 83.io Upload to e-mail accounts specified by each User.
File – one file of any format uploaded as part of Batch by User to 83.io Upload or any file of any format uploaded as a reply to any Batch by Registered User.
Link – address of the Batch on 83.io Upload, that specifies unique identification of the Batch.
These T&C apply to all legal relations between the Provider and each and every User in connection with any utilisation of 83.io Upload service. User agrees and acknowledges that by using the 83.io Upload, the User enters into contractual relationship with the Provider – the contract does not bound User to any payment, unless expressly stipulated otherwise. Only if User wants to become Premium User, she/he shall then provide payment details and pay the stipulated Fee.
DESCRIPTION OF THE SERVICE
SERVICE PROVIDED TO THE USER
User can upload one Batch at a time. Such Batch shall be kept online and accessible to any person having the correct Link for 7 days from the moment of upload.
Any third party in possession of the Link can upload a reply to the Batch, provided that such third party already is or becomes Registered User. The online time for the Batch with the reply shall be 7 days since the last reply. Registered User (original uploader of the Batch or any Registered User in possession of the Link) can repeatedly reply to the original files or to any reply. For the original User who has uploaded the Batch to upload a reply, he shall be or shall become the Registered User.
The Batch along with any reply shall usually be deleted after 7 days of inactivity (e.g. 7 days from the day the last reply has been uploaded).
User can upload only one Batch at any given time. While uploaded Batch is still online and replies are being uploaded or the Batch is within the 7 days period counted from the time of last activity, the User cannot upload another Batch.
Replies uploaded by the Registered User do not count into the number of Batches uploaded by the same Registered User.
83.io Upload allows Users to distribute Link to the Batch though the 83.io Upload by providing e-mail addresses of the intended recipients of the Link.
SERVICE PROVIDED TO THE REGISTERED USER
Service provided to the Registered User offers longer deletion periods and so in respect of Registered User the period of inactivity after which the Batch and all connected replies are usually deleted, is prolonged to 14 days.
Registered User can also have 4 concurrent Batches online in 83.io Upload and also can upload replies to these Batches.
SERVICE PROVIDED TO PREMIUM USER
Service provided to the Premium User offers 2 years deletion periods and so in respect of Premium User the period of inactivity after which the Batch and all connected replies are deleted, is prolonged to 730 days.
Premium User can also have unlimited number of concurrent Batches online in 83.io Upload and can also upload replies to any and all Batches.
PREMIUM USERS AND THE FEE
In order to become the Premium User, User or Registered User shall register and subscribe for the Premium 83.io Upload services.
The subscription is available either on monthly or yearly basis.
Subscription bought for 1 month is automatically bought as recurring subscription until actively cancelled by the Premium User. The varying amount of monthly subscription shall be billed on the last day of the month preceding the month for which the Fee is billed and the Premium User hereby expressly entrusts and empowers Provider to charge the designated billed account automatically in the same way as the payment for the first month has been charged.
Should l the Fee not been paid, or the subscription has been cancelled or not renewed, all such events shall lead to Premium User becoming just Registered User and so the limits applicable to the Registered User shall apply to such former Premium User starting from the 14th day after the last day of properly paid subscription period. On the 15th day all but 4 Batches with the most recent activity (either newest uploaded Batch or reply) shall be deleted from the 83.io Upload.
PERSONAL DATA PROTECTION
Provider does not store any personal data of Users which could identify individual person as User. Provider stores only the IP and e-mail address associated with any uploaded Batch and this e-mail address is stored only until the Batch is deleted from 83.io Upload.
For Registered Users only stored data are e-mail and password (not readable for the Provider).
The data is stored until the Registered User or Premium User terminates the account registered on the 83.io Upload.
The Provider complies with the Act No. 101/2000 Coll., the Act on Personal Data Protection, and every User expressly grants consent to processing of the stored data according to these T&C for purpose of communication between Provider and User and payment processing for Premium Users. The data are processed electronically and automatically.
The Provider does not sell or distributes any data stored about Users to any third party. The Provider does not facilitate sending of unsolicited marketing e-mails. Stored e-mail address is used for the provision of the 83.io Upload as way of notifications of activity on the Batch or activity connected with the account of Registered User and Premium User and for Provider` s communication regarding service changes, enhancements and customer newsletters. Provider plans to send the least amount of e-mails as possible to make 83.io Upload operational and beneficiary for the Users ensuring top tier customer comfort and experience.
RIGHTS AND NOTIFICATIONS TO CONSUMERS
The 83.io Upload service shall be provided immediately after the payment for service is processed and Provider receives the payment. The Consumer expressly agrees that the Provider shall start to provide 83.io Upload service before the end of 14 days period under which the Consumer would normally had a right to terminate the usage of the 83.io Upload as Premium User. The Consumer further expressly agrees and understands that due to nature of the service no premature termination of 83.io Upload service provision is possible.
The Provider also notifies the Consumer about the following:
the costs of communication through electronic means does not differ from the base rate (e.g. free communication through e-mail);
no advance or similar payment is required (e.g. once the payment is processed the Premium User may immediately use the 83.io Upload);
83.io Upload for the Premium User can be contracted as recurring service depending on the choice of the Premium User either for 1 month or for 1 year (12 calendar months) the price for the chosen period shall be same as for the previous period, unless pricing change has been communicated to the Premium User before the renewal of the subscription;
no refunds are provided by the Provider, and no termination of the provision of 83.io Upload is possible once the provision of 83.io Upload begins.
The Consumer having any dispute with the Provider can also elect to utilise Alternative Dispute Resolution by contacting the Czech Trade Inspection Authority by the ADR form as provided on the website https://adr.coi.cz/en.
Each User is solely and entirely responsible and accountable for the Files downloaded or used by such User in connection with 83.io Upload. Any use of 83.io Upload requires and assumes that User has for each and every File all necessary and/or required rights, consents and other legal titles necessary for their distribution, transfer or any other similar activities.
Any use of 83.io Upload for unlawful or criminal activities or activities violating, misappropriating or infringing third party rights is forbidden.
In case the Provider is notified by any third party that the User has used 83.io Upload to distribute malicious or infringing Files or in its sole discretion Provider ascertains that there is apparent or immediate or allegedly substantiated threat of illegal or infringing activities by any User such as for example: child pornography; obscene, defamatory, libellous, slanderous, profane, indecent or unlawful files, files that promote racism, violence or hatred; files that are factually inaccurate, false, misleading or deceptive; files that the User in question does not have the necessary right to copy and/or transfer; files that infringe, violate or misappropriate intellectual property rights of any third person, privacy rights, including data protection rights, and/or any other kind of rights of any third person; files that infringe on or violate any applicable law or regulation; files that constitute “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or; files that facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs, or the User impersonates or pretends affiliation with any person or entity; accesses any non-public area’s of Website or 83.io Upload; sends viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; attempts to probe, scan, compromises or tests the vulnerability of the Website or 83.io Upload or any related service, system or network or breaches any security or authentication, the Provider reserves the right to immediately suspend provision of 83.io Upload for the User, the Provider is also entitled in such situations to immediately delete all uploaded Files by the User still saved on 83.io Upload and Provider is also entitled to prevent such User from using 83.io Upload.
In case the infringing user is Premium User, his account shall be immediately closed and no refund for the prepaid service shall be provided.
All complaints, including DMCA complaints, can be sent to e-mail address [email protected]
The cookies used by the Website are not persistent and are not used for the user tracking purposes and so are exempt from consent of a User of the Website and 83.io Upload.
Apart from 83.io Upload and Website unique cookies, the Website also employs several plugins to measure the utilisation and other aspects of the Website which use their own cookies that can be considered as tracking and persistent cookies and therefore the User must grant consent to its usage, the continued usage of the Website, 83.io Upload and acceptance of the cookies policy are considered as consent of the User. Respective privacy policies of services utilising such cookies can be found at https://www.google.com/policies/technologies/cookies/, http://docs.hotjar.com/docs/hotjar-cookies, https://www.kissmetrics.com/privacy/.
DISCLAIMER AND WARRANTIES
The 83.io Upload is provided as virtually limitless service under fair user policy. The Provider does not generally limit the size of the uploaded Files or the frequency with which the new Batches or replies may be created an uploaded in any given period. If the Provider founds out from the internal monitoring of 83.io Upload the signs of abuse of the 83.io Upload beyond the normal fair use of the service, arbitrary limits might be enforced on the relevant User including prevention of future use of the 83.io Upload by such User. Such enforcement shall always be communicated to the User if e-mail of the User is known to the Provider.
The Provider does not take over any licence or ownership of Files uploaded to 83.io Upload by Users. The ownership and all titles to the Files remain with the User uploading them and Users are solely responsible for their uploaded Files.
83.io Upload is provided “AS-IS” service, without any express or implied warranty of any kind. Without limiting the foregoing, the Provider explicitly disclaims any warranties of merchantability, fitness for a particular purpose and of non-infringement. The Provider makes no warranty that the 83.io Upload is available on an uninterrupted, secure or error-free basis. User use of 83.io Upload is at User’s own risk. User acknowledges and agrees that Provider is not responsible for any damages to User’s computer system or the computer system of any third party that result from use of 83.io Upload and is not responsible for any failure of 83.io Upload to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.
User shall defend, indemnify and hold harmless Provider, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with User access to or use of the 83.io Upload or User’s violation of these T&C, including any third party claims that File submitted to the 83.io Upload by User or using Registered User of Premium User credentials infringe or violate any third party rights.
In no event will Provider be liable to User or to any third party for any damages arising out of use of the Website or 83.io Upload, whether based on warranty, contract, tort (including negligence) or any other legal basis and whether or not Provider has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Provider will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide 83.io Upload or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of 83.io Upload and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Provider is liable for damage under mandatory law, Provider’s aggregate liability to User for any and all claims arising out of or in connection with the use of the 83.io Upload will in no event exceed one hundred Czech Crowns (CZK 100) per incident. For avoidance of any doubt it is expressly stated and understood that under no circumstances Provider shall be liable for any loss of profits, loss of revenues, loss of opportunities or any other indirect, consequential or punitive damages.
All rights and obligations arising out of or in connection to these T&C are construed, governed, interpreted and enforced according to the laws of the Czech Republic. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these T&C will be the courts located in Prague, the Czech Republic, unless stipulated otherwise by mandatory Czech or laws of European Union. User waives any objection to jurisdiction and venue in the courts of the Czech Republic.
Rights and obligations of the contracting parties, which are not regulated by these T&C or by the contract, implied or actual, are governed by law. Previous, same or similar agreements between the User and the Provider are replaced by these T&C to full extent.
If any condition or provision of these T&C is declared as invalid, illegal or unenforceable, the meaning of the given provision will be interpreted within the closest possible extent so that this provision may be considered as enforceable; in case this provision does not have any such possible interpretation, it will be separated from the rest of these T&C, which will remain fully valid and effective. The interpretation of this provision will be replaced by a provision of the applicable legal norm which corresponds most closely to the purpose of an unenforceable provision.
The Provider reserves the right to change this T&C from time to time. User shall periodically check the revisions of these T&C as he is bound by the changed wording of the T&C from the first day of the next month following the month the revision has been enacted and made public. The continued use of the 83.io Upload by the User is considered as consent to the changed T&C.
These T&C are written in the English language, which shall prevail over other language versions of these T&C.
These T&C become valid and effective as of 26 June 2017.
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