1. ACCEPTANCE OF TERMS
Services and software provided by Applejack Media and Globalcentric LLC ("Owner") are provided to you ("Licensee") subject to the following terms and conditions of service. By downloading and installing any software from this website, by purchasing a license for said software, or in any way using said software, you indicate that you accept and agree to be bound by these terms and conditions of service (collectively, "Agreement").

2. DEFINITIONS
"Software" refers to all of the information with which this agreement is provided, including but not limited to: (a) software files and other computer data downloaded or otherwise obtained from Owner's website; (b) related explanatory written materials and tutorials (collectively, "Documentation"); (c) supporting files, plug-ins, scripts, programs, or websites offered by Owner and designed to facilitate usage of software; (e) any modified versions of, copies of, upgrades, updates, and additions to such information provided to Licensee by Owner at any time, to the extent not provided under a separate agreement (collectively, "Updates").

"Domain" refers to a single domain name designated by a unique URL and hosted on a public or private Web server managed by the Licensee or by the employer or representee of the Licensee.

3. LICENSE GRANT
Owner grants Licensee a non-exclusive and non-transferable license ("License") to use the Software for personal or internal business purposes on ONE DOMAIN for each License purchased, provided that the Software contains all of the original proprietary notices. Any other use not specified in the Agreement is prohibited. This License does not entitle Licensee to receive from Owner hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. All rights, title, and interest in the Software, including without limitation, any copyright, shall be retained exclusively by Owner.

Licensee agrees to: (a) notify Licensee's employers or representees of the terms of this Agreement prior to use of the Software by said employers or representees; (b) hold the Software confidential and not at any time, during the period of the License or after its expiration, disclose said Software, whether directly or indirectly, to any third-party without the explicit written consent of Owner.

4. USAGE
Licensee may: (a) run as many instances of the software as needed on ONE DOMAIN, provided that it is the same Domain for which License is granted; (b) use the Software on any number of webpages, provided that each page containing the Software is part of the licensed Domain; (c) have an unlimited number of clients connected to any instances of the Software residing on said Domain.

5. LICENSE TRANSFER
License is granted for ONE DOMAIN only and is non-transferrable. If Licensee intends to use Software on a Domain other than that for which a License has been granted, Licensee must purchase a separate License for said Domain.

6. REFUND / RETURN POLICY
Since Licenses are provided electronically to Licensee upon purchase, and since Licensee is given the opportunity to fully install and test Software prior to purchasing said License, NO REFUNDS CAN BE ISSUED ONCE A LICENSE HAS BEEN GRANTED BY OWNER. Additonally, refunds cannot be issued for erroneous purchases, including but not limited to purchases in which: (a) the licensed Domain has been misspelled or otherwise mistyped by Licensee; (b) Software does not work as expected on the licensed Domain; (c) Licensee has not used or no longer wishes to use Software on the licensed Domain.

7. DISPUTES AND CHARGEBACKS
In the event of a charge dispute, it is important that Licensee communicate with Owner directly before contacting Licensee's credit card issuer or bank. Licensee agrees not to initiate any payment dispute or chargeback request through said credit card issuer or bank for any reason without first bringing said dispute before Owner. In any case, any chargeback attempted for a License purchased from Owner will be firmly defended, and a $10 administrative fee will be assessed automatically and without exception. If the chargeback is completed successfully, and if the disputed amount is not determined by Owner to have been charged in error, the entire disputed amount will be re-assessed along with a $25 chargeback fee.

8. REGISTRATION OBLIGATIONS
Licensee agrees to: (a) provide true, accurate, current, and complete information as prompted by our License registration form (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your License and refuse any and all current or future use of our Software or any portion thereof.

9. RESTRICTIONS AND LIMITATIONS
Licensee may not: (a) de-compile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software; (b) redistribute, encumber, re-brand, sell, re-sell, rent, lease, sublicense, or otherwise transfer rights to the Software in whole or in part; (c) copy, download, store, publish, transmit, transfer, or otherwise use the Software, or any other portion of the Software, in any form or by any means, except as expressly permitted by this Agreement; (d) sell, license, or distribute the Software to third-parties or use Software as a component of or as a basis for any material offered for sale, license, or distribution; (e) create derivative works based on the Software for distribution as components or as part of a service or product offering; (f) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Software; (g) use Software for any purpose that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.

10. LICENSE INTEGRITY
Owner may randomly and periodically inspect Licensee's registration integrity by evaluating use of Software and compliance with this Agreement. Information verified may include the Domain on which Software is used, the manner and condition in which Software is used, and the purpose for which Software is used. Should Owner discover discrepancies in said use or compliance, Licensee may have their License revoked and/or face legal action by Owner.

11. OWNERSHIP
Title, ownership rights, and Intellectual Property of Software shall remain with Owner. Structure, organization, and code of Software are the trade secrets and confidential information of Owner. Licensee acknowledges such ownership rights and will not take any action to jeopardize, limit, or interfere with the Owner's ownership of or rights with respect to the Software. Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Owner retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. Licenses granted do not constitute a sale of the original Software or any copies; it is a grant to use the Software under the terms governed by this Agreement. Except as expressly stated herein, this Agreement does not grant Licensee any Intellectual Property rights in the Software, and all rights not expressly granted are reserved by the Owner.

12. UPDATES
If Software is an upgrade or update to a previous version of Software, Licensee must possess a valid License for a previous version in order to use said upgrade or update. All upgrades and updates are provided to Licensee on a license-exchange basis. Licensee agrees that by using an upgrade or update, Licensee is subject to the terms and conditions of the version of this Agreement that is current at the time said upgrade or update is provided to Licensee. As an exception, Licensee may continue to use a previous version of Software after using the upgrade or update, but only to assist in the transition to the upgrade or update, provided that the upgrade or update and the previous version are installed on the same licensed Domain.

13. TERMINATION
Without prejudice to any other rights, Owner may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Software. Licensee may also terminate the License at any time by uninstalling the Software and destroying all copies of Software in any form in Licensee's possession.

14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF OUR SOFTWARE IS AT YOUR SOLE RISK. OUR SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) OUR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) OUR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE OUR SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, USER-CONFIGURED SETTINGS, OR UPLOADED CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO OUR SOFTWARE.

16. LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above (particularly within the DISCLAIMER OF WARRANTIES and LIMITATIONS OF LIABILITY) may not apply to you.

17. TRADEMARK
uploadSmart, uploadsmart.com, the uploadSmart logo, the "diamond" logo, and the phrase "why upload when you can uploadSmart?" are trademarks and/or servicemarks of Globalcentric, LLC ("Globalcentric Marks"). Without our prior written permission, you agree not to display or use in any manner the Globalcentric Marks.

18. REVISION OF AGREEMENT
Owner reserves the right to revise the above Agreement at any time. Although it is the Licensee's responsibility to be up to date with regard to changes to the Agreement, Owner will make reasonable efforts to notify Licensee in the event of a significant change.