www.filesgateway.com
This “Terms of Service”, and the document entitled “Privacy Policy”, are collectively referred to as the “Terms”. The Terms explain the conditions by which you may use the Filesgateway web site, located at www.filesgateway.com, and the Filesgateway applications on the web site (the “Services”). You should read, understand and agree to all of the Terms prior to using the Services. Downloading, uploading, installing or using (collectively “Use”, “Used” or “Using”) the Services constitutes your acceptance of all of these Terms. If you do not agree with the Terms, or any portion of the Terms, do not Use the Services.
The Services allows users to share files and collaborate with other users. Through the Site you can create projects, upload files and communicate with other users via comments, formal messages and email. The Service is owned by Filesgateway.com. LLC, a Florida limited liability company. In these Terms, Filesgateway.com, LLC is sometimes referred to as “Filesgateway”, “we”, “our” or “us”.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.
These Terms are effective from the date you first Use the Services and form a binding legal agreement between us and you.
1. Accepting the Terms
1.1 Your use of the Services is subject to the terms of this legal agreement between you and us, the owner of the Services. This document explains the terms of that agreement. Do not use the Services if you do not accept and agree to all of the Terms.
1.3 You may not Use the Services and may not accept the Terms if (a) you are not at least eighteen (18) years of age or older and able to form a binding legal contract with us, or (b) you are a person barred from using the Services under the laws of any country including the country in which you are a resident or from which you Use the Services. THE SERVICES MAY NOT BE USED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD BE, OR COULD BE DEEMED, A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
1.4 You should print or save a copy of these Terms for your records. The English language versions of the Terms will govern your relationship with us.
2. Your Use
2.1 Use of the Services does not include the provision of a computer, mobile device or other equipment that may be necessary to access the Services. Use of the Services requires that you connect to the internet. We have no liability and no responsibility for any costs you may incur (including, without limitation, interruptions in service, phone or internet access fees) in Using the Services.
2.2 Users from various backgrounds and professions can Use the Services to create different ventures (“Project(s)”). Through the Services, other users may collaborate with other users and, together, upload and comment on documents uploaded to the Project folder. To Use the Services, you must register. To register, we ask you for certain personal information. There are various levels of membership available which are described on the web site.
2.3 For certain levels, you pay a non-refundable monthly fee to Use the Services. All credit card information used to pay that fee is processed by a third party payment processing vendor. Payment is subject to these Terms and the terms and conditions of that payment processing vendor. We do not see or save your credit card information. The level of membership you pay for receives certain benefits as described on the web site. You may update your membership or cancel your membership at any time. Membership is month to month. NO REFUNDS are given for any reason including, without limitation, partially used months.
2.4 In the registration process, you may be required to provide information about yourself such as identification, email address or other contact details. You agree that all information provided is done so at your own discretion and that you are not obligated to use the Services or provide any particular piece of information. You agree, however, that any and all information that you do give to us will always be accurate, correct and up to date. The information you provide will be stored on our servers and used at our discretion in accordance with these Terms.
2.5 We do not necessarily know, and we do not endorse, any particular user or Project. Users who use the Services understand that, by Posting (as defined below) their information through Use of the Services, that information may be available to other users. By uploading information through the Services, or by Using or relying on information that has been uploaded through the Services, you agree that you are doing so at your own risk and that we have no liability for any harm or other damage that may occur as a result your posting of information or your use of information. We have these Terms in place and expect all users to abide by these Terms. However, we ultimately have little to no control over the conduct of the users or the truth and accuracy of what those users post including, but not necessarily limited to, the identity of the user and the truth or accuracy of any information given.
2.6 Verifying identity of a user is extremely difficult and we do not confirm each user’s identity. You are responsible for determining the identity of other users who may contact you or who you may contact by means of the Services. We do not endorse or approve any user who uses or registers for the Services. You are solely responsible for your interactions with other users. We are not responsible for any damage or harm resulting from your interactions with other users. We may, but are not obligated to, monitor interactions between users through the Services.
3. Provision of the Services
3.1 We give you the limited, non-exclusive right to access and use the Services. This right is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
3.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any software or any part thereof.
3.3 You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.
3.4 You acknowledge and agree that we may terminate your account (permanently or temporarily) and access to the Services, or certain features of the Services to you or to users generally at any time and at our sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform us when you stop using the Services.
3.5 You acknowledge and agree that we may disable access to your account at any time and for any reason. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Use of the Services by You
4.1 You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including but not limited to any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the web site or our applications and, if required, through logging in with your user name and password as intended through your use of the Services. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which may be connected to the Services).
4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any portion thereof.
4.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You must receive permission from the owner of the account to log in to the Services using another person’s account.
5.2 You can change your password at any time.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to change your password to prevent further unauthorized access, and notify us immediately.
5.4 THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO US AND/OR THIRD PARTIES. NEITHER US NOR ANY OF OUR OWNERS, EMPLOYEES, AGENTS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF THE UNAUTHORIZED USE OF YOUR PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
We may, without notice, suspend or cancel your account at any time if we believe, in our sole discretion, that your password is being used without your authorization or otherwise in a fraudulent manner.
6. Content
6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to herein as the “Content” and includes, but is not limited to, Content that you Post. "Post", “Posted” or “Posting” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Services.
6.2 You should be aware that some Content presented to you may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that you do not own or have permission to modify.
6.3 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
6.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. We may remove or edit any Content at any time and for any reason and/or ban users from the Site at any time and for any reason.
6.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you Post while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
6.6 When using the Services, you represent and warrant that you will not:
· Infringe the rights of any other person or company
· Discriminate against, defame, abuse, harass, sexually harass or threaten others
· SPAM other members
· Knowingly Post fraudulent material, stories or misrepresent yourself in any way
· Make any bigoted, hateful, or racially or sexually offensive statements
· Advocate illegal activity or discuss illegal activities with the intent to commit them
· Post, link to or distribute any material that infringes and/or violates any right of a third party or any law
· Post, link to, discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images
· Post, link to or distribute any software or other materials that contain a virus or other harmful component
· Post or distribute material that exploits children
· Post Content that is copyrighted and claim it as your own
· Post any Content that you do not own or have the right to Post
· Register for more than one user account
· Register for a user account that is not in your name
· Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
6.7 We are not responsible for the content or accuracy of any information Posted by users, and shall not be responsible for any transactions made based on such information.
6.8 All illegal activities will be reported to appropriate authorities and will result in termination of your account.
7. Platforms
7.1 We use a third party service for file storage and may, from time to time, use third parties for other services. However, the Services are independent of any platform on which it is located and third party providers. The Services are not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google or Android (each being an “Operator”).
7.2 When using the Services you are also bound by the terms and conditions of the Operator.
7.3 These Terms are between you and us only. Operators are not responsible for the Services. Operators have no obligation to furnish any maintenance and support with respect to the Services.
7.4 The use rights granted to you for the Services is limited to a non-transferable right to use the Services on a device that you own or have permission to use the Services on.
7.5 The Operator is not responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
7.6 You must comply with any applicable third party terms of agreement when using the Services (this includes, without limitation, you ensuring that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
7.7 You acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Operator will have the right to enforce these Terms against you as a third party beneficiary thereof.
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
8.2 USE OF THE SERVICES IS AT YOUR OWN RISK. THE SITE, THE SERVICES, AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR OWNERS, EMPLOYEES, SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE, OUR OWNERS, EMPLOYEES, SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.3 WE ARE NOT RESPONSIBLE OR LIABLE FOR, AND DO NOT APPROVE OR ENDORSE ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO OTHER USERS) CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8.4 YOU SPECIFICALLY AGREE THAT IF YOU ARE DISSATISFIED WITH THE SERVICES FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
8.5 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.
9. Proprietary rights
9.1 You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
9.2 Nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 You agree that you are responsible for protecting and enforcing any intellectual property right you may have in the Content You Post and that we have no obligation to assist you in any way in protecting or enforcing such rights.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Content that you Post
10.1 You are solely responsible for all Content You Post.
10.2 You confirm and represent and warrant that you own the Content you Post and have all the rights, power and authority necessary to grant the above. You also represent and warrant that you will not Post any photos or other Content that is fraudulent, defamatory in any way, obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws. We are not responsible, and you agree not to hold us liable, for any comments anyone may Post about you or about Content that you Post.
10.4 As part of the Services, you may send messages to other users. Any information you provide to other users is done at your own risk.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF OURS OR OF OUR OWNERS, EMPLOYEES, LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $1000, WHICHEVER IS GREATER.
11.2 THE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Termination
12.1 We may terminate and delete your account, delete any Content You have Posted on the Site, and/or prohibit you from using or accessing the Services (or any portion thereof) for any or no reason, and at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Site at any time without notice.
12.2 The Services are provided on a month-to-month basis and you may terminate at any time by simply not renewing the Services at the end of any given month.
13. Indemnity
13.1 You agree to indemnify and hold us and our officers, directors, agents and employees, harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including attorneys' fees) ("Claim") arising out of or related to your (a) use of the Services or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims.
14. Venue
You agree to submit to the exclusive jurisdiction of the courts located within the City of xxxxxx, State of Florida, in the United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms will be interpreted under the laws of the United States of America, State of New York. The terms of the United States Communications Decency Act of 1996, as amended, apply.
15. General Terms
15.1 If and to the extent that any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of these Terms in that or any other jurisdiction.
15.2. Section Headings. The section headings and numbering of these Terms are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.
15.3 No Waiver. No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by us shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
15.4 These Terms represent the entire agreement between you and us related to your use of the Services and supersedes all prior understandings, arrangements and representations, whether verbal, written, or presented online.
Copyright Infringement Notification
FILESGATEWAY,COM, LLC RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
WE EXPECT OUR USERS TO DO THE SAME.
Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that any content appearing through the Services violates your intellectual property rights, you should contact us immediately and include substantially all of the following information:
I. A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
II. A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a file infringes your copyrights.
III. A description of the material that you claim is infringing and information sufficient to establish where it is located on the website. The easiest way to allow us to find the material quickly is to provide the complete URL associated with each file, image or video.
IV. Information that allows us to contact you such as your address, telephone number, and email address;
V. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
VI. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
To process your request, written notice should be sent via email to: support@filesgateway.com
FALSE CLAIMS - Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
The information provided by you may be forwarded to the person who provided the allegedly infringing content.
We do not condone posting, reproduction or distribution of material by anyone other than the owner, copyright holder or the copyright holder's authorized agents.
WE MAY REMOVE ANY AND ALL CONTENT AT ANY TIME IN OUR SOLE DISCRETION AND TERMINATE THE ACCOUNTS OF USERS WHO INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
