This FileFactory.com Terms of Service Agreement (the "Agreement") describes the terms and conditions on which FileFactory Cloud Storage LLC ("we" or "Company") offer services to you ("Customer" or "You").
By registering for or using FileFactory.com services, Customer agrees to be bound by the following terms and conditions. You should carefully read the following Terms of Service Agreement before using the FileFactory.com website ("Site") and our services ("Services"). This is a legally binding agreement. By using the Site or any Services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by FileFactory Cloud Storage LLC from time to time in its sole discretion and without specific notice to you.
Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to FileFactory.com's Designated Agent.
The Site is controlled and operated by Company from its offices in Belize. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in country, state or jurisdiction other than Belize. These terms and conditions are governed by and construed in accordance with the laws of Belize. These parties submit exclusively to the laws and courts of Belize.
Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement), that it is not a competitor of FileFactory.com, and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.
Subject to the terms and conditions of this Agreement, FileFactory.com makes certain Services available to Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) FileFactory.com "Services" means those electronic or interactive services offered by FileFactory.com. FileFactory.com reserves the right to change or discontinue any of the Services at any time.
You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by FileFactory.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by FileFactory.com and/or its Third Party Providers. Elements of the Website are protected by copyright, trademark (including common law rights), and other laws and may not be copied or imitated in whole or in part. FileFactory.com, the FileFactory.com logo and other FileFactory.com products referenced herein are trademarks of FileFactory.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Customer represents and warrants that the information it provides in FileFactory.com contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, FileFactory.com will have the right to suspend or terminate Customer's account and this Agreement.
Customer has sole responsibility and liability for the data its stores on FileFactory.com's servers. Customer controls its data through its generated link. FileFactory.com encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. FileFactory.com will delete Customer data upon termination of this Agreement. However, FileFactory.com may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data. If Customer data violates the Acceptable Use Policy or DMCA Policy then such data may be removed. FileFactory.com may keep records about Customer data in accordance with its Privacy Policy.
You agree to not use FileFactory.com's Service:
a. in any way contrary to our Acceptable Use Policy;
b. to upload, post, email, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-images; if appropriate, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
c. to harm minors in any way, this includes any form of child pornography; if appropriate, the content will be reported to the relevant legal authority and/or the member's ISP will be contacted;
d. to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to FileFactory.com's DMCA Policy, which is herein incorporated by reference;
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FILEFACTORY.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FILEFACTORY.COM AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. FILEFACTORY.COM AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR SERVICES, SOFTWARE, OR CONTENT; (B) FILEFACTORY.COM MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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; (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
You agree to defend, indemnify, and hold harmless FileFactory.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other FileFactory.com policies, terms and conditions.
Your use of FileFactory.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that FileFactory.com shall not be liable for any direct, indirect, incidental, special, consequential 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 or the inability to use the Service; (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 the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on FileFactory.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that FileFactory.com may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
Where you elect to purchase Premium Services, we will bill you for the Services in advance.
All purchases of Services through the Site are nonrefundable prepayments for Services. As such, there are no refunds available to customers.
If you sign up for a FileFactory 30 day recurring Service, your subscription continues to bill monthly until you cancel it. To cancel a recurring credit card subscription simply visit your Account page on FileFactory.com. Once you cancel your subscription your Services will continue through the period you have already paid for. Once that period expires your account will be returned to a non-premium account.
If any controversy or dispute arising from or relating to this Agreement, your use of the Site, the Services provided to you by Company, or any other matter related to the relationship between you and the Company, even if arising after termination of this Agreement, cannot be resolved through mutual agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of the Belize Arbitration Act. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between us relating to the services provided to you and alleged infringement of your copyrights or other intellectual property on or through the Site, and will survive termination of our relationship and this Agreement. You also acknowledge that you understand the consequences of agreeing to binding arbitration, including that you giving up any and all constitutional and statutory rights to have disputes between us, including copyright infringement disputes, determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. FileFactory.com's failure to act with respect to a breach by Customer or others does not waive FileFactory.com's right to act with respect to subsequent or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
Any questions relating to our Legal Agreements and Policies may be directed to our team at FileFactory Support.
FileFactory is the global leader in unlimited free file hosting. All files can be downloaded or streamed an unlimited number of times. Premium members enjoy unlimited speed, bandwidth and downloads.
