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Terms of Use for Up4down.net

Terms of Use for Up4down.net

The use of any page on the website Up4down.net, including any of its subdomains and/or sections (hereafter ‘UP4DOWN’), as well as the use of any service offered on UP4DOWN or the download of computer programs from UP4DOWN, implies the full acceptance of these terms of use.

Should particular conditions of use exist from Up4down. (not from third parties) for certain content, services, or products offered on UP4DOWN, those conditions shall prevail over these terms of use to the extent that incompatibilities arise. The present terms of use are divided into two sections:

  • I General website terms of use applicable to all of UP4DOWN and to all products and/or services offered or sold thereon.
  • II Intellectual and industrial property rights of UP4DOWN content and of the contributions made by developers or users to UP4DOWN.

The user shall be entirely liable for any losses or damages suffered by Media Ingea, S.L. as a consequence of any use of UP4DOWN that does not comply with the provisions established in any part of these terms of use or in any other section of the UP4DOWN website. The user further agrees to indemnify and hold harmless the company Media Ingea, S.L., as well as its administrators, personnel, agents, and representatives, from any claims in which they may be implicated as a consequence of such user noncompliance.

I GENERAL WEBSITE TERMS OF USE APPLICABLE TO ALL OF UP4DOWN AND TO ALL PRODUCTS AND/OR SERVICES OFFERED OR SOLD THEREON.

1.1 Objective of the General Terms of Use

UP4DOWN offers the user via up4down.net, or may offer in the future, the services, products, and complementary facilities as detailed below:

  • a. Access to a respository of software content classified by category. This includes the download of software from UP4DOWN’s servers with the highest assurance of availability and/or speed that this may involve. In no case does this imply the sale of a license nor possession of intellectual property rights for the program, the use of which will be subject to the license, conditions, and restrictions imposed by the developer or intellectual property rights holder.
  • b. Search service for software content on the UP4DOWN library and directory.
  • c. Direct email update service for new programs and updates.
  • d. Periodic newsletter service for registered users covering new developments and information related to the sector or to UP4DOWN.
  • e. UP4DOWN may, at some point, provide additional services or facilities, either free or paid.

1.2 Liability for the processing and use of content

UP4DOWN does not guarantee the quality, accuracy, reliability, correctness, or morality of the data, programs, information, or opinions included on the site and in particular those expressed or entered in user forums or opinions. However, users may report presumed abuses or inappropriate uses of the site to allow UP4DOWN to review the corresponding content. In relation to the content and programs available for free download, UP4DOWN limits itself to offering an intermediary service, as established in Article 17 of Law 34/2002 of 11 July on Information Society Services and E-Commerce (‘LSSI’), by providing links and search content, while not assuming liability for said content beyond the cases expressly provided for in the aforementioned law; that is, UP4DOWN shall only accept liability when it (i) has actual knowledge that the activity or information being reported or referred is illegal or harms the assets or rights of a third party covered by compensation, and (ii) has not acted with diligence to remove or disable the corresponding link. The service provider shall be understood to have actual knowledge when a competent authority has declared the data illegal or ordered its withdrawal, or access to said data has become impossible, or the existence of the damage has been declared, and the service provider is aware of the corresponding resolution.

An identical system to the one established in the previous paragraph applies to other links to third-party sites that may be available on UP4DOWN. The inclusion of such links does not imply any relationship, recommendation, or supervision by UP4DOWN of the destination page, and UP4DOWN therefore accepts no liability for its content, except in such cases as expressly established in the LSSI.

The apps published on UP4DOWN are products created by their respective developers. This website is not directly affiliated with them. All of the brands, trademarks, product and company names or logos mentioned here are property of their respective owners. Our download site and app distribute original, unaltered software, which is obtained directly from the developers’ websites and is not modified in any way.

The user assumes as his or her exclusive liability any consequences, damages, or actions that may arise from accessing, playing, or disseminating said content. It is the responsibility of the user to verify, prior to downloading, the compatibility of the program with his or her computer and other applications, as well as its features and the advantages of downloading and installing the program on his or her system. Likewise, it is the responsibility of the user to ensure that the download and use of UP4DOWN content is legal and appropriate in the user’s location and personal circumstances.

UP4DOWN shall not be held liable for the infringements of any developer, programmer, or user that affect the rights of another UP4DOWN user, or of a third party, including rights related to copyright, trademarks, patents, confidential information, or any other intellectual or industrial property rights.

This limited guarantee and limitation of liability mentioned in the preceding paragraphs shall neither affect nor prejudice the obligatory rights extended by place of residence and applicable by direct application of Spanish mandatory law or by the forwarding of Spanish law to the laws of another jurisdiction for specific cases.

1.3 Developer programs available via UP4DOWN

UP4DOWN allows the developers of the programs available for download on its platform to boost their visibility and reach a greater number of users. Except in cases where specific agreements exist with the developers, UP4DOWN’s activity is limited to providing access and impartial information prepared by professionals about the different applications. UP4DOWN shall at all times maintain links to the websites of the original developer. However, UP4DOWN shall quickly honor any written request from a developer to withdraw access to the developer’s products from the UP4DOWN site.

1.4 Unauthorized use of the UP4DOWN website or its content

The user may not employ the facilities and capacities of the UP4DOWN site to carry out or propose activities prohibited by law, or to attempt to attract site users to competitor services, or to advertise the sale of products or services for commercial purposes. The user shall refrain from interfering with UP4DOWN or other users’ use of the UP4DOWN site, and in particular from impersonating another user or person while using the portal. Likewise, the user agrees not to add information to forums that is not relevant to that particular forum.

Access via robots and/or scripts to access, copy, or control any part of UP4DOWN are prohibited without the express prior authorization of UP4DOWN.

It is strictly prohibited to add serial numbers, cracked software, or similar information, as well as links to pages that include them, in UP4DOWN’s forums or comments. The IP addresses of offenders shall be saved and appropriate legal measures taken against them. Likewise, the user shall be responsible for ensuring compliance with these clauses by any person he or she authorizes to use the service.

1.5 Liability of UP4DOWN for the operation of UP4DOWN

EXCEPT IN CASES OF INTENTIONAL ACTION, AND THOSE IN WHICH DUE TO THE PARTICULAR CIRCUMSTANCES OF THE USER OR OBJECT AN IMPERATIVE REGIME OF LIABILITY IS DEEMED APPLICABLE, MEDIA INGEA S.L. SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE AFFECTING THE USER DUE TO THE USE OF UP4DOWN OR OF ANY OF THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE.

IN PARTICULAR, AND WITHOUT LIMITING THE PROVISIONS OF THE PREVIOUS PARAGRAPH, MEDIA INGEA ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF THE PROGRAMS AVAILABLE FOR DOWNLOAD THROUGH UP4DOWN, WHICH ARE THE EXCLUSIVE RESPONSIBILITY OF THEIR DEVELOPERS, AND SUBJECT TO THE CORRESPONDING LICENSE CONDITIONS. THE USER ASSUMES ALL RISKS ASSOCIATED WITH THE DOWNLOAD AND USE OF THE PROGRAMS, EXPRESSLY EXONERATING MEDIA INGEA, S.L. OF ALL LIABILITY, AND ACKNOWLEDGING THAT UP4DOWN, EXCEPT IN CASES IN WHICH IT IS EXPRESSLY ESTABLISHED OTHERWISE, IS LIMITED TO SOLELY PROVIDING ACCESS TO THE PROGRAMS OF THE CORRESPONDING CREATOR OR DEVELOPER.

1.6 Service suspensions

Media Ingea may unilaterally cease to provide to any or all users the services and/or products offered via the UP4DOWN website.

In cases of service interruption to a particular user, a simple notification to the user shall suffice for said interruption, for any situation involving noncompliance with the terms of use or with any applicable regulation. The user accepts that Media Ingea shall incur no liability on the occasion of a suspension on these terms.

Additionally, Media Ingea may at any time, and incurring no liability, vary the content of UP4DOWN, interrupt the provision of all or some services, and/or deactivate or delete all or some user accounts without further limitations beyond those established by applicable laws on the requirement to maintain logs of certain operations during the corresponding legal time periods.

1.7 Applicable law and jurisdiction

The present terms of use are subject to Spanish legislation and to the extent to which the law does not establish an obligatory jurisdiction for a particular case the parties are subject to the exclusive jurisdiction of the courts of Málaga in everything related to them.

II INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS TO UP4DOWN CONTENT AND CONTRIBUTIONS MADE BY DEVELOPERS AND UP4DOWN USERS

2.1 Rights to UP4DOWN content

The user acknowledges that the elements and utilities integrated into the UP4DOWN website include content belonging to UP4DOWN, content from third-party developers, and content created by users themselves. Content belonging to UP4DOWN (including, with no limitation, the trademarks, logos, UP4DOWN site HTML code, design, and program descriptions and remaining content) and content from third-party developers are protected by intellectual and/or industrial property legislation.

The user therefore commits to respect the terms and conditions established in the present general conditions of use and the corresponding licenses for the use of the content from third- party developers available on UP4DOWN. The user acknowledges that the reproduction, modification, transformation, public communication or distribution, including without limitation the commercialization, decompilation, disassembling, utilization of reverse engineering techniques or any other method to obtain the source code of the website and/or applications available on it, and transformation or publication of any unauthorized test result for any of the elements or utilities integrated into the UP4DOWN website constitutes an infraction of intellectual and/or industrial property rights, and the user is therefore obligated to refrain from engaging in any of the aforementioned actions.

The user agrees to neither remove nor alter any distinctive sign used as a trademark or commercial name (graphics, logos, etc.), identifying feature of an element protected by copyright, or other notices, captions, symbols, or labels of UP4DOWN or of third parties that appear on the UP4DOWN website.

2.2 Use of the content and applications available on UP4DOWN

Unless prior agreement between the rights holder and the user stipulates otherwise, the user agrees to utilize the information and applications available on UP4DOWN exclusively for his or her own needs and to neither directly nor indirectly engage in commercial exploitation of the products and/or services to which he or she has access, or of the results obtained due to utilization of the UP4DOWN website.

2.3 Prohibited conduct

The user shall abstain from any conduct in the use of the UP4DOWN website that jeopardizes the intellectual and industrial property rights of UP4DOWN or of third parties; or that infringes or transgresses the honor, personal or family intimacy, or the image of third parties; or that is illicit or damaging to morality.

In particular, and without implying any limitation, the user shall abstain from engaging, via the use of the UP4DOWN website, in any destruction, alteration, disablement, or damage to the electronic data, programs, or documents belonging to UP4DOWN, to its providers, or to third parties, nor shall the user introduce or spread on the network any programs, viruses, applets, Active X controls, or any physical or electronic instrument or device that causes or is susceptible to causing any kind of alteration to the network, the system, or third-party computers. Likewise, it is expressly prohibited to engage in any type of activity or practice that violates the principles of good conduct generally accepted amongst Internet users.

2.4 Content uploaded on UP4DOWN by the user

The user is solely responsible for all materials uploaded, posted, e-mailed, or added in any other way by him or her to UP4DOWN (‘User Content’). The user certifies that he or she holds all intellectual and/or industrial property rights to User Content. By using the website and in exchange for the broadcasting of the corresponding content, the user cedes to UP4DOWN and its associated and linked companies, as well as its collaborators, an irrevocable, free, and non-exclusive global license, liable for sublicense, for a duration equal to the duration of the corresponding rights, to reproduce, transform, distribute, or publicly transmit User Content on UP4DOWN and the pages of its affiliates, related firms, and/or collaborators. UP4DOWN may distribute User Content to other users or make any other future use of it via any medium and/or procedure and in any format.

2.5 Requirement to report noncompliance

Any presumed infraction of intellectual or industrial property rights carried out on UP4DOWN and identified by a user should be reported to UP4DOWN by sending an email that includes a description of the presumed infraction to the following address: [email protected]

External Graphic Resources

Thanks to our friends from Freepik.com and Flaticon.com for so great icons and service :).