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Terms of Service (TOS)

UfiLe contains a media hosting service with an upload facility (the "Service"). The Service allows you to upload, view and access content through UfiLe (the "Web Site"). You must read and agree to these Terms and Conditions before you can use the Service. Please read them carefully. By accessing, browsing and/or using the Service you acknowledge that you have read, understood, and agree, to be bound by these Terms and Conditions (the "Agreement") and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use this site.

BY ACCESSING, BROWSING AND/OR USING THE SERVICES YOU ARE MAKING THE FOLLOWING STATEMENTS:

1. This Agreement is subject to change by the Service at any time, and changes may be effective without notice to you. Notices by the Service to you may be given via electronic messages through the Service, a posting on the Service, or by mail.

2. You hereby swear and affirm under oath, warrant and represent that you are at least eighteen (18) years of age (21 in some jurisdictions) and have the legal capacity to enter into agreements of this nature. The Service makes no representation or warranty that the content complies with community standards, federal or state law, or any local laws of your jurisdiction. You are solely responsible for knowing and understanding your community standards and local laws.

3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE SERVICE OR ANY OF ITS RELATED, AFFILIATED COMPANIES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INJURY TO BUSINESS OR OCCUPATION, OR FOR ANY LOSS OF DATA, INCOME, OR PROFIT, FROM THE USE OF, OR THE INABILITY TO USE THE SERVICE, EVEN IF THE SERVICE OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, OR FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, WHETHER UNDER CONTRACT OR TORT THEORY, OR UNDER ANY OTHER CAUSE OF ACTION.

4. NO WARRANTY. THE SERVICE ALLOWS UPLOAD AND PROVIDES THE MATERIALS ON THE SITE TO YOU "AS IS," AND DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN, OR THAT THE MATERIAL IS ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE. EXCEPT FOR THE SPECIFIC WARRANTIES IN THIS AGREEMENT, THE SERVICE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT. THE SERVICE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS REGARDING ANY SERVICES OR PRODUCT PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

5. Because some states may not allow the above warranty exclusions or limitation of liability damages, the above limitations may not apply to you. In such states, the Service's warranties and liability are limited to the greatest extent permitted by law.

6. License to Use. You hereby grant to Service a non-exclusive license to publish, market, sell, license, exploit, and use in any way, all materials provided to Service, the Web Site, and/or used in any manner with the Service, including but limited to music, photographs, literary material, art, names, titles and logos, trademarks, and other intellectual property. You will not be compensated for uploads or other material provided to the Service.

7. Indemnity. You agree to indemnify the Service, its owner, officers, directors, shareholders, employees, and agents and hold each of them harmless from all losses, claims, actions, damages, awards, complaints, penalties, fines and expenses (including reasonable attorneys fees and costs) arising out of or in connection with this Agreement, use of the Service's materials, websites, advertising, messages, and promotions. Notwithstanding the termination of this Agreement, your indemnity obligations shall survive the termination hereof.

8. All materials provided by the Service are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Service's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in this Agreement, the Service does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
EMBEDDING AND DIRECT LINKING OF MATERIAL IS NOT ALLOWED. You may only link to the content files through our system and the link provided by us. Violators that bypass our system will be blocked from further use of the Service. You must provide a link back to http://www.UfiLe on any site that uses such content. The Service will disable linking that is harmful to the Service.

9. Registration data and certain other information about you is kept anonymous unless required by law enforcement agencies.

10. You must comply with all copyright and trademark laws. Uploads that infringe copyrights or trademarks are prohibited, and may be removed. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, or community standard, is prohibited and is a breach of this Agreement. You understand that all information, data, software, music, sound, photographs, graphics, video, messages or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. This means that you, and not the Service, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service. The Service does not control the postings via the service and, as such, does not guarantee the accuracy, integrity or quality of such postings. The Service does not pre-screen Content, but the Service and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service

11. Links to Third Party Sites. This Service may contain links to other sites which are controlled by third parties. Those linked sites are not under the control of the Service and the Service is not responsible for the contents of any linked site or any link contained in a link site. The Service is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Service of any other linked site.

14. Limitations. The Service acts as a passive conduit for the online distribution and publication of user submitted information and has no obligation to screen communications or information and is not responsible for screening or monitoring material posted by users. UfiLe AND ITS RELATED SERVICES DO NOT PROVIDE, OFFER, OR GUARANTEE, IN ANY WAY, SERVICES RELATED TO EMPLOYMENT. THE SERVICE IS NOT AN EMPLOYMENT AGENCY OR JOB LISTING SERVICE.

15. Modification - The Service reserves the right, in its discretion, to change or modify all or any part of these Terms and Conditions of Use at any time for any reason or no reason. Changes will be effective immediately once they are posted on the Service's website. Your continued use of the Service constitutes your binding acceptance of these Terms and Conditions of Use, including any changes made by the Service, as permitted above. If you desire not to be bound by any modification of these Terms and Conditions of Use, you should stop using the Service. The updated, online version of these Terms and Conditions shall supersede any prior version.

16. Miscellaneous:
(a) Relationship: This Agreement between parties does not constitute a joint venture or partnership of any kind.
(b) Waiver: A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof.
(c) Severability: If any provision of this Agreement as applied to either party or any circumstances shall be adjudged by a court to be void and unenforceable, such shall in no way affect any other provision of this Agreement, the application of such provision in any other circumstance, or the validity or enforceability of this Agreement.
(d) Governing Law: This Agreement shall be construed in accordance with the laws of Maastricht, Netherlands. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably submit to the jurisdiction of the Courts in Maastricht, Netherlands over any suit, action or proceeding arising out of or related to this Agreement.v (e) Captions: Captions are inserted for reference and convenience only and in no way define, limit or describe the scope of this Agreement or intent of any provision.
(f) Entire Understanding: This Agreement contains the entire understanding of the parties relating to the subject matter.
(g) Any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.



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