Terms of Service
By visiting the FileSummit website, using any Content, products or services provided to you on, from, or through the FileSummit website (collectively the "Services") or by checking the box next to "I agree to the Terms, Privacy, Refund and Cancellation Policies", you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement. IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.
FileSummit may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the FileSummit website, your sole remedy is to discontinue use of the Services. You use the Services of FileSummit at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
The Agreement applies to all users of the Services, including users who contribute Content. "Content" includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. The Services includes all aspects of FileSummit, including but not limited to, all products, software and services offered via the FileSummit website.
FileSummit reserves the right to change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
FileSummit may contain links to third party websites. By use of the Services, you expressly relieve FileSummit from any and all liability arising from your use of any third-party website.
To access or benefit from some of the Services or features on FileSummit, you will have to create a FileSummit account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although FileSummit will not be liable for any losses you might suffer, you may be liable for the losses of FileSummit or others.
General Use of the Service, Permissions and Restrictions
You agree while using FileSummit Services, that you may not:
Your Use of the Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with laws regarding transmission of data.
Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that FileSummit is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FileSummit with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless FileSummit, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. You acknowledge your use of Content is at your sole risk.
FileSummit Content may contain links to external sites; however, FileSummit is not responsible for any availability of or the content on or through any external site.
Your Content and Conduct
You shall be solely responsible for your own content and the consequences of storing or distributing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute Content through the Services; and you license to FileSummit all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for distribution on the Services pursuant to the Agreement.
For clarity, you retain all of your ownership rights in your Content. However, by distributing Content through FileSummit, you hereby grant FileSummit a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform the Content in connection with the Services and FileSummit's (and its successors and affiliates) business,
FileSummit bears no responsibility for maintaining your data indefinitely.
FileSummit is not a data warehousing service. Its intended use is for active accounts and active file sharing which may inadvertently result in backups of files being shared. Accounts with large amounts of stagnant data `collecting dust` or accounts with very limited user and sharing activity may, in FileSummit' sole discretion and without notice, be removed from the Services.
You are solely responsible for your interactions with other users of the Services. Any views expressed on the website do not reflect the views of FileSummit.
Account Termination Policy
Policy violations may result in account termination.
FileSummit reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted to our support department. Each complaint will be investigated and appropriate action will be taken.
DMCA: Digital Millennium Copyright Act
If your copyrighted or trademarked works are being distributed through the Services without your permission, please submit a ticket to our support department, and describe the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Valid requests will be serviced after notice with sufficient information.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FILESUMMIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER FILESUMMIT NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER FILESUMMIT NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER FILESUMMIT NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. FILESUMMIT IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
FOR CLARITY, FILESUMMIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FILESUMMIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FILESUMMIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
Limitation of Liability
NEITHER FILESUMMIT NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FILESUMMITS AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FILESUMMIT AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FILESUMMIT AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
You agree to indemnify, defend and hold FileSummit and its affiliates, and both FileSummit and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any FileSummit Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. FileSummit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FileSummit's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Ability to Accept Terms of Service
FileSummit Services are available to anyone over the age of 18. If you are under 18 years of age, then please do not use the Service.
Accounts for business entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FileSummit without restriction.
All earnings generated by User via FileSummit are taxed at User's country. Payment of all applicable taxes shall be User's sole responsibility.
Any legal action or proceeding relating to or arising out of these Terms or your/the use of the Web site, Services and /or Content will be brought in a federal or state court in Australia ("Courts") and you submit to the venue and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
YOU AND FILESUMMIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please submit reports of any violations to our support department.
Dated: June 27, 2012