1. ACCEPTANCE OF TERMS
Ecloner provides its Content to you, subject to the following TOU, which may be updated by us from time to time without notice to you. Each time you use Ecloner Content and/or Software, you reaffirm your acceptance of the then-current TOU. If you do not wish to be bound by these TOU, you may discontinue your use of the Content and/or Software. In addition, when using particular Ecloner owned or operated Contents, you shall be subject to any posted guidelines or rules applicable to such Contents that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.2. DESCRIPTION OF CONTENT
Ecloner currently provides users web storage to upload files and send to other people. You also understand and agree that in addition to the content, Ecloner may include advertisements and that these advertisements are necessary for Ecloner to provide the Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Content, including the release of new Ecloner properties, shall be subject to the TOU. You understand and agree that the Content is provided "AS-IS" and that Ecloner assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In addition, you must provide and are responsible for all computer and communications equipment necessary to access the Content.3. RULES OF UPLOADING
You are allowed to upload any type of files as long as you own the copyright of the file. However, we do not accept adult material being uploaded under Ecloner. File found of these type will be removed directly.4. Ecloner PRIVACY POLICY
Ecloner protects and uses your personally identifiable data as set forth in Ecloner’s privacy policy (the "Privacy Policy"). Ecloner will not disclose such personally identifiable data to third parties without your permission, except under those circumstances set forth in the Privacy Policy. You agree that in the event that Ecloner as a company is acquired, the acquirer will have access to your personally identifiable data on the same terms and conditions as set forth in the Privacy Policy. Ecloner may disclose non-personally identifiable data in aggregate form.5. MODIFICATIONS TO CONTENT
Ecloner reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Content (or any part thereof) with or without notice. You agree that Ecloner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Content.6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Content, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ecloner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Content.7. LINKS
The Content may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Ecloner has no control over such sites and resources, you acknowledge and agree that Ecloner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ecloner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or products available on or through any such site or resource.8. Ecloner'S PROPRIETARY RIGHTS
You acknowledge and agree that the Content and Software contain proprietary and confidential information that is protected by applicable Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. The Content and all intellectual property rights therein and related thereto are and shall remain the sole and exclusive property of Ecloner and/or its licensors or suppliers Ecloner grants you a personal, non-transferable and non-exclusive right and license to view the website pages through a web browsers, and to use the object code of its Software, delivered through a publicly available software installer file, on a single computer or a reasonable number of computers in a single household; provided that you do not (and do not allow any third party to) copy, modify, adapt, translate, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Content. You agree not to access the Content by any means other than through the interface that is provided by Ecloner for use in accessing the Content. You also agree to not remove, obscure, or alter Ecloner or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Content.9. DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: ACCESS TO THE CONTENT AND USE OF THE WEB SITE AND SOFTWARE IS AT YOUR OWN RISK. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE CONTENT. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE CONTENT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. Ecloner MAKES NO WARRANTY THAT (i) THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, CONTENTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTENT WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. WE DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY CONTENT. THE CONTENT MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE CONTENT. YOU SHOULD NOT USE THE CONTENT FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL CONSULTATIONS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE CONTENT THAT IS ACCESSED THROUGH THE SOFTWARE OR THE WEB SITE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CONTENT. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CONTENT. IMMEDIATELY DISCONTINUE USE OF THE CONTENT AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CONTENT -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.