Terms of Service
Please read trough our simple but thorough Terms of Service to better understand our service.
In using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services and products, in accordance with and subject to, prevailing US Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The following terms and conditions constitute an agreement between you and our company. You are advised to read and understand before using any of our services. Please read the entire agreement. By using and ordering from this website you agree to these terms. If you do not agree, please do not use this site. If you have any questions or concerns, feel free to contact us.
Any information concerning the Client is regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Upvato serves as a complimentary service to Evanto. Files purchased on one of Envanto’s marketplaces [Themeforest, Codecanyon, 3docean, Audiojungle, Graphicriver, Photodune and Videohive] may be backed up and shared on Upvato. In addition to backing up the files, Upvato also backups the descriptions, thumbnails, screenshots and comments associated with the file. This means even if the file is removed from Evanto, the user will have access to all the original information on Upvato.
After a user has verified that the digital file was purchased on an Envato marketplace, then the backup file can be shared with other users who have also verified purchase of the same file. Likewise, the user would all get access to all automated and manual file uploads from all users for that particular item.
You are prohibited from modifying or changing the contents of the ZIP files you download from any of the Envato marketplaces before uploading them to Upvato. This includes any form of encryption or password protection on the file.
Upvato does not guarantee that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Upvato is a free service and cannot guarantee the availability of a file. We do our best to make sure that all files and all data is intact, but if a file is lost, either through human error, or disk error, or any software/hardware related error, we are not legally or financially or otherwise responsible for any damages.
7. Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Upvato disclaims any and all liability for any errors, inaccuracies or incompleteness contained in any disclosure relating to any product or service. By using a product or service from upvato.com, you waive and release any and all claims, demands, damages, actions, causes of action, suits in equity of whatever kind or nature, indemnity, or reimbursement for any claims or fines imposed upon you for use, or arising out of use of the product or service. Upvato does not make any warranties, express, or implied including without limitation, implied warranties. All warranties, whether express or implied, are hereby disclaimed including the warranties of merchantability or fitness for a particular purpose and non-infringement. In no event shall Upvato be liable for consequential, special, incidental or indirect damages to goods, property, equipment or personnel. Nor shall we be liable for damages to equipment or for personal injury caused by misuse, overload, accidental damage, alteration, improper installation, unauthorized opening of the equipment, errors in weighing or failure of a product to perform properly. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the product or service, your sole and exclusive remedy is to discontinue its use.
Your safety is your own responsibility. Use of any files obtained from or contained on Upvato.com is at your own risk. Upvato is not responsible for any hack or illegal third-party access to the Upvato system that compromises files or information. Upvato disclaims all responsibility for any resulting damage, injury, or expense. It is your responsibility to make sure that your activities comply with applicable laws, including copyright.
Upvato reserves the right to ban or restrict from the site any user that we suspect are using the service for illegal purpose. Upvato also reserves the right to remove any files or content that is illegal or advocates illegal activity. Upvato may impose such bans or restrictions at its own discretion without providing prior notice.
11. Accuracy of Information
We attempt to ensure that information on upvato.com is complete, accurate and current. Due to the large number of information contained on our website, it is hard to maintain an absolute control over it. We cannot, therefore, guarantee that all information on this site is complete or current. This can be caused by ongoing improvements and changes that may be introduced before they can be depicted on the website. In all cases, Upvato strives to contribute accurate information about its services.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
13. Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
15. Third-Party Links
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, we have no control over these linked sites. If you use these links, you will leave Upvato.com, and we are not responsible for any content, materials or other information located on the linked website. If you decide to check out any of the linked websites, you do so entirely at your own risk.
Any users found to be making untrue claims about our staff, company, products, services or other areas of our business will be banned from our website and all privileges will be revoked. We will pursue all slanderous comments to the full extent of the law. We would like to point out that we have no intention to restrict anyone’s freedom of speech, but we will protect our business name and image against misleading, untrue or otherwise slanderous comments.
All complaints should be directed to our customer services department who will be happy to assist you and do their best to resolve your complaint to a satisfactory outcome.
18. Revisions to These Terms and Conditions
These terms and Conditions may be revised at any time and from time to time without prior notice by updating this posting. You should visit this page from time to time to review the current terms and conditions.
19. Contact Information
If you have any questions about these terms, please contact us using our “Contact” page.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or using or services indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.