Terms of use
Your use of the website www.MyFile4you.com ("the Site") and any software or services on the Site ("the Services") is regulated, governed and subject to these Terms of Use ("the Terms").
GENERAL USE OF THE SITE
1.The Site is provided by MyFile4you Limited ("MyFile4you") and intended for use by registered members and general site visitors.
2.Any person who accesses and uses the Site accepts they are legally bound by these Terms. References to ("You" and "you") in these Terms refer to both visitors to the Site and those who have completed the registration process in accordance with these Terms ("Members").
3.We would suggest that you take the time to read the Terms as they regulate and govern your use of the Site. If you do not want to be legally bound by the Terms then please leave the Site now and do not access or use it further.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
4. Whenever you use or access the Site or register and use and access the Site through your login, you are agreeing to accept the Terms and any other terms and conditions specifically set out on other pages on the Site.
ELIGIBITY TO REGISTER
5.To be eligible to register to become a Member and use the Site and Services you must be of the requisite legal age to enter into a contract.
6.The use or access of the login areas of the Site by a person who has not gone through the registration process and been granted a login is in breach of the Terms.
7.The registration (or attempt to register) by any person who is not at the time of the requsite legal age to enter into a contract is not authorised by MyFile4you and is a breach of the Terms.
8. By logging in to the Site you hereby represent and warrant to MyFile4you that you are eligible to use the site.
REGISTRATION OBLIGATIONS
9. In consideration of you registering as a user of the Site, you agree to: 1.provide true, accurate, current and complete information about yourself when completing the online registration form;
2. regularly maintain and promptly update your registration data so as to keep it true, accurate, current and complete;
3. MyFile4you having the immediate right to suspend, deny any use or access to the Site, or terminate your registration if at any time MyFile4you suspects or have reasonable grounds to suspect that any information or data supplied by you as part of your registration or updating is not true, accurate, current or complete;
4. preserve the security of your password and identification;
5. notify MyFile4you forthwith if you become aware of any unauthorised use of the Site using your login details by someone other than yourself;
6. take full responsibility for any use of your account whether by yourself or otherwise.
10. The username which you choose will be used to identify you to other users on the Site. Please do not choose a username which is vulgar or offensive or one which would constitute a breach of these terms. If a username is in breach of any third party’s intellectual property, and in any event, we reserve the right in our sole discretion to cancel such user name and substitute it with a similar name.
RESTRICTIONS ON YOUR USE OF THE SITE
11. You agree that you will not use the Site or the Services in any of the following ways. 1. You agree not to register for more than one account per email address and a maximum of 5 accounts per person or entity for yourself, not to register an account on someone else's behalf or register an account on behalf of a group or entity.
2. You agree not to harm minors in any way or facilitate prostitution or paedophilia.
3. You agree not to impersonate or pretend to be another person or entity, not to falsely state or otherwise misrepresent your affiliation with any person or entity or disguise the origin of any content.
4. You agree not to falsify the origins of any content you upload, post or e-mail.
5. You agree not to 'stalk', bully or harass any person.
6. You agree not to collect personal data about other users of the Site or the Services.
7. You agree not to enter, upload, post, share or transmit any content:
a. that is violent, sadistic, cruel, unlawful, harmful, threatening, abusive, harassing, menacing, tortious, defamatory, vulgar, obscene, indecent, libellous, invasive of any other person's privacy, hateful or racially, ethnically or otherwise objectionable
b. which involves theft, fraud, drug-trafficking, money laundering and/or terrorism
c. that creates a risk to any person's safety or health, creates a risk to public safety or health, compromises national security or interferes with investigation by law enforcement
d. that is unfair or deceptive under consumer protection laws of any jurisdiction, including unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation
e. that violates export control laws or relates to illegal gambling
f. is discriminatory in any way, including by way of sex, race, religion or age
g. you do not have a right to transmit under any law or under any contractual or fiduciary relationship
h. that infringes any intellectual property rights of any party, and in particular you agree not to download, publish, distribute or otherwise copy in any manner music, software, art or other works protected by copyright unless you are the proprietor or have express authorisation by the proprietor to copy that work in that manner
i. which may damage MyFile4you's goodwill or reputation
j. that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
8. You agree not to distribute, disseminate or post, place or send elsewhere, any parts or content of the Site unless by use of the tools supplied within the MyFile4you site.
9. You agree not to (and not to attempt to) alter or modify any part of the Site or its technology and not to interfere, disrupt, modify, disable or circumvent any security related features of the Site.
10. You agree not to launch any automated system (including but not limited to any script, spider, robot or offline reader) which would access the Site so as to send more requests than a human could by using a standard browser in any given time.
11. You agree not to disrupt or interfere in any way with any of the Services available on the Site.
12. You agree not to provide links on the Site to websites if that other website's content would violate the Terms.
13. You agree not to violate any laws or regulations.
14. You agree not to make any payments or receive any payments to or from Members using the Site directly or by any other means save for payments being made through Paypal using the link provided on the Site at the time of entering into the transaction.
USE OF THE SITE AND SERVICES
12. You understand that all content entered, uploaded, posted and shared to or on the Site is the sole responsibility of the person from whom the content originated. This means that you (and not MyFile4you) are entirely responsible for all content that you enter, upload, post or share via the Site or the Services. MyFile4you does not review, endorse or control the content of the Site and cannot guarantee or warrant the accuracy, integrity or quality of the content in any way.
13. You agree that your use of and conduct on the Site (including but not limited to the entering, uploading, posting, sharing or transmission of content containing text, graphics, photos, videos, music, sound, profiles, messages, listings, and any other content you put on the Site in any way) and Services will be in accordance with the MyFile4you House Rules (www.MyFile4you.com/index.php?option=houserules).
14. You agree not to enter, upload, post, share or transmit any content which you did not create or which is unlawful or which is subject to third party proprietary rights unless you have a licence or permission from that third party.
15. You are solely responsible for creating back-up copies of any content you upload or post to the Site.
MONITORING CONTENT
16. MyFile4you does not vet, monitor, moderate, edit or consider what is uploaded or posted by users, but does reserve the right to delete, move or decline to post any content at its discretion, and MyFile4you further reserves the right to terminate any user access for breach of the Terms or the House Rules.
17. The Site and its content is regulated by its users. If you see any content which you do not like then do not assume that MyFile4you knows about it. All content published by other users will have a "Flag as inappropriate" button next to it allowing users to object. If clicked once together with a reason, MyFile4you may, if it considers in its absolute discretion whether such content ought to remain, immediately remove such content, and such decision shall be final. Once clicked three times with a reason by different users, MyFile4you shall immediately in any event disable such content pending further review by MyFile4you to consider in its absolute discretion whether that content ought to remain on the Site and its decision will be final.
18. MyFile4you may delete any content which is in its sole and final judgment in breach of these Terms.
19. You understand that by using and accessing the Site and the Services, you may see content uploaded or posted by other users which may otherwise fall within the categories set out in paragraph 11 above or otherwise breach the Terms or House Rules. You therefore use the Site and the Services at your own risk and you must evaluate and bear all risks associated with the use of content. Under no circumstances will MyFile4you be liable in any way for any content, and you hereby agree to waive any legal or equitable rights or remedies you may have against MyFile4you in connection with such content.
LIABILITY FOR CONTENT
20. MyFile4you provides access and use of the Site and the Services in good faith and on an "as is basis" and makes no representations or warranties of any kind, express or implied with respect to the Site and the Services, its operation or its contents, nor other third party websites to which links may be provided.
21. MyFile4you does not endorse, support or agree with any opinions, recommendations or advice which may be expressed by any user and disclaims all liability in that regard.
ARCHIVING OF CONTENT
22. You agree to be bound by MyFile4you's practices and procedures concerning limits on the use of the Site and the Services, including, without limitation, the maximum number of days that information or postings will be retained on the Site.
23. you agree that MyFile4you will have no responsibility or liability for the deletion or failure to store any content uploaded or posted by you on the Site or by your use of the Services, and you further agree that MyFile4you reserves the right to refuse to upload or publish content for an extended period of time.
INTELLECTUAL PROPERTY
24. All software used on the Site and as part of the Services and all content (including but not limited to text, graphics, photos, software, scripts, videos, music, sound, information, applications, listings, interactive features and other documents and files) which is not user content is the property of MyFile4you or that of MyFile4you's licensors and is protected by intellectual property laws including trademarks, international copyright laws and database rights.
25.None of the content may be downloaded, reproduced, copied, posted, stored, framed, sold, exploited or distributed without the prior written permission of the copyright holder, save that you are allowed to download one copy of an extract from the Site onto a single computer for personal, non-commercial home use only, as long as copyright notices are kept.
26. When you enter, upload, post, share or transmit using the Site or Services, you are providing your authority to MyFile4you to make such copies as MyFile4you deems necessary.
27. By uploading or posting content to the Site and/or using the Services:
1. you warrant and represent that you have the right to grant MyFile4you a licence as set out below;
2. you grant MyFile4you a worldwide, non-exclusive, royalty free, transferable, fully paid licence to use, publically display, distribute in connection with the Site or its promotion.
28. Whilst you are able to remove content from the Site, the licences granted above will expire, but you recognise that notwithstanding that, MyFile4you may retain archived copies of such content but these will not be displayed publicly.
THIRD PARTY WEBSITES
29. The Site may contain links to third party websites which have neither owned nor controlled by MyFile4you. MyFile4you therefore does not accept any liability or responsibility for these sites and their content, practices or privacy policies since we have no control over such.
30. The inclusion of or provision of a link to a third party website does not represent any endorsement or approval of the content or objectives of that website.
31. you are reminded that once you leave the Site by clicking a link to a third party website, the Terms shall no longer apply, but the third party website will (or should) have its own terms and conditions with which you ought to familiarise yourself.
MEMBER DISPUTES
32. MyFile4you does not monitor disputes between Members but reserves the right to do so. You are entirely responsible for your content.
SANCTIONS
33. As soon as MyFile4you is made aware of activities that breach the Terms or the House Rules or the MyFile4you privacy policy, prompt action will be taken. If you witness such breaches on the Site please notify abuse@MyFile4you.com immediately.
34. On being made aware of any such breaches, MyFile4you may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or our rights or any of MyFile4you's affiliates, licensors or partners.
35. MyFile4you reserves the right to take whatever action deemed necessary to prevent such breaches including the following:
1. breaches deemed minor by MyFile4you may result simply in receipt of a warning; or
2. breaches deemed serious may result in termination of your Membership and your automatic ban from the Site.
36. All incidents will be logged and MyFile4you's decision is final in all such cases.
37. Any breaches may lead to MyFile4you reporting your activities to your internet service provider, the police or relevant authorities, or to legal action being taken against you, or both.
38. In addition MyFile4you may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches or of any breaches of any applicable laws or regulations or where MyFile4you's rights or third party rights are threatened or infringed.
TERMINATION
39. MyFile4you reserves the right at any time to modify, discontinue temporarily or permanently the Site or any of the services provided on the Site with or without notice, and you agree that MyFile4you shall not be liable to you or any third party for any such action.
40. Your membership may be terminated at any time by you providing notice in writing to membership@MyFile4you.com stating that you wish to terminate the Terms.
41. MyFile4you may terminate your membership the following situations:
1. if you breach any provision of the Terms so that in MyFile4you's sole discretion you ought to be banned from the Site in accordance with paragraph 34 above.
2. if MyFile4you is required to do so by law;
3. if MyFile4you has permanently discontinued the Site or provision of the services;
4. if in MyFile4you's sole opinion the Site and the services are no longer commercially viable.
42. The effect of termination of the Terms, either by you or by MyFile4you will be that your account will be closed and you will no longer be allowed to access or use your account. You may be prohibited from opening another account, depending on the reasons and circumstances of the termination. The Terms (and House Rules which are incorporated by reference) will continue to apply following termination.
INDEMNITY
43. You agree to indemnify and hold MyFile4you and its subsidiaries, affiliates, and each of its employees, directors, officers, agents, partners and contractors harmless from and against any direct or indirect liability, demand, claim, loss, expenses, damage (including economic loss, consequential loss and loss of profits, goodwill or business opportunities) or costs (including reasonable legal fees) howsoever caused or arising from any third party claim in relation to the content which you post, upload or e-mail on or through the Site, your conduct in relation to the Site, your use of the Site or your breach of any of the provisions of the Terms or House Rules.
WARRANTIES AND NO LIABILITY
44. MyFile4you provides the Site in good faith and "as is". MyFile4you does not make any representation nor give any warranty, express or implied, in relation to any part or all of the Site or the services offered on the Site, and therefore excludes all warranties and representations to the fullest extent permissible in law.
45. In particular, MyFile4you does not warrant or represent that:
1. the Site or any of the Services will always function as intended or that the Site or its services are fit for their purpose, be of satisfactory quality or conform to any description;
2. there will be any guaranteed specific results from the use of the Site or the Services or that the use by you of the Site or the Services will necessarily meet with your requirements;
3. the Site or the Services will be secure, error-free, or that the Site will be free from viruses or anything else which may be harmful or destructive;
4. the software, content or materials on the Site or part of the Services will be accurate, complete, up to date, error-free or reliable;
5. that any defects apparent or otherwise will be corrected.
46. You expressly agree that MyFile4you 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 MyFile4you has been advised of the possibility of such damages or losses), resulting out of or in connection with your use or inability to use the Site or any of the services provided in connection with it.
47. Subject to the fact that nothing in these Terms shall exclude any liability which may not be contractually excluded or limited by statute, MyFile4you shall not be liable to you or any third party in respect of the following (even where MyFile4you has been advised of or ought to be aware of such losses):
1. any indirect or consequential losses which may be incurred, including loss of profit (direct or indirect), loss of goodwill or business opportunity or loss of data;
2. any loss or damage howsoever caused as a result of you relying on the accuracy or completeness of any advertising on the Site;
3. any loss or damage howsoever caused as a result of any action taken by MyFile4you in relation to the provision of the Site or the Services which results in any interruption of service or access;
4. any loss or damage howsoever caused as a result of the loss of any material or content uploaded, posted or e-mailed using the Site or the Services;
5. any loss or damage howsoever caused as a result of you failing to provide true and accurate information to MyFile4you;
6. any loss or damage howsoever caused as a result of your failure to ensure the security of your access (ie: not taking reasonable steps to prevent a third party accessing using your login).
48. Without prejudice to the above, you agree that no action may be taken by you unless you have notified MyFile4you within 30 days of the happening of the event giving rise to the cause of action and that any claim started by you must be issued within 1 year from the date of the event giving rise to the cause of action.
49. MyFile4you shall not be in breach of the Terms or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control and including (without limitation) strikes, lock outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.
GENERAL TERMS
50. These Terms and the House Rules are the entire agreement between you and MyFile4you and any prior agreements or representations (save for fraudulent ones) are excluded and are superceded by the Terms and House Rules.
51. MyFile4you reserves the right to make changes, variations and modifications to the Terms and the House Rules where relevant or necessary. Any changes will be posted to the Site, and it is your responsibility to ensure that you are aware of the current version of the Terms and House Rules. Changes will be effective 24 hours after they are posted on the Site, and you will be deemed to have accepted any changes by your continued access and use of the Site of the Services.
52. If any of the clauses in the Terms are deemed by a court of law to be invalid, illegal or otherwise unenforceable, then that clause shall be excised from the Terms so as to be severed and deleted with the effect that the remaining terms shall remain binding and enforceable.
53. You agree that if MyFile4you does not enforce or seek to enforce any legal right or remedy which is available to it against you, then such does not constitute a waiver of the exercise of those rights or remedies, which will remain available to MyFile4you.
54. The Terms and your relationship with MyFile4you will be governed by English Law and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute which may arise between you and MyFile4you, save that it is open to MyFile4you to seek urgent interim relief in any other jurisdiction so far as permitted by law.
