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Terms Of Service
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Before you use this site, please read these Terms of
Service carefully as they govern your use of the
services provided at The File Dump (the "Services"). By
using the Services you agree to the
Terms of Service set forth below as they may be updated
from time to time by The File Dump. The File Dump may
modify or terminate the Services from time to time, for
any reason, and without notice, including the right to
terminate with or without notice, without liability to
you, any other user or any third party. You are advised
to periodically check the website for changes in the
Terms of Service.
Purpose and Description of Services.
The File Dump provides users with the ability to host
images, movies, and other files for electronic
publishing and sharing for such uses as websites, blogs,
forums, auction websites, classified
advertising, online journals, message boards, social
networking, and online photo albums. Any additions or
modifications to the Services, shall be in the sole
discretion of The File Dump and will be subject to these
Terms of Service. You are solely responsible for any
fees, charges and expenses incurred by you in accessing
and using the Services. The File Dump uses reasonable
efforts to ensure that the Services are available on a
24/7 basis. However, there will be occasions when the
Service will be interrupted for maintenance, upgrades
and emergency repairs or due to failure of
telecommunications links and equipment that are beyond
the control of The File Dump. By using the Services you
agree that The File Dump shall not be liable to you for
any modification, suspension or discontinuance of the
Services.
Restrictions on the use of the Services.
By using the Services you agree that you will not:
Use the Services for any illegal purpose;
The following types of files may not be uploaded under
any circumstances:
Files that are pedophiliac. This includes, but is not
limited to, persons under the age of 18 either posing as
"models" or taking part in otherwise sexually implicit
or explicit situations.
Files that are illegal and/or are in violation of any
United States laws pertaining to digital content usage.
Files that are pornographic. This includes, but is not
limited to, files depicting genitalia, nudity, or sexual
situations.
Files that infringe on the copyrights of any entity.
This includes, but is not limited to, copyrighted
photographs, as well as files for which user lacks usage
and/or distribution permissions.
Files that are not of the allowed file types. A listing
of non-allowed file types is available at http://www.thefiledump.net/notallowed.php
Files whose intended use or purpose is:
to harass individual or multiple persons.
to show evidence of hacking of any system.
to promote or use in the hacking of any system.
the promotion of products or services through direct
advertisements for the purpose of commercial profit,
without first attaining the permission of The File Dump.
This includes, but is not limited to,email spam and
banner advertisements.
To report infringements to the above-mentioned clause,
please fill out the form available at
http://www.thefiledump.net/report.php.
Uploading any type of the above-mentioned files will
result in:
The immediate termination of user's ability to use The
File Dump or any of its provided services. A banned user
may experience the following consequences:
The The File Dump website will not load.
All The File Dump-hosted files will not load.
All images and accounts related to the infringement will
be deleted.
The File Dump will not hesitate to completely ban any
domain which uses The File Dump's services without
regard to The File Dump's Terms of Service. If a domain
is banned, any file hotlinked on that domain will no
longer be allowed to link to The File Dump. If such a
situation occurs, the domain's owner must ensure the
quick removal of all files hotlinked from The File Dump
on that domain.
Decisions to suspend, ban, or blacklist any user or
member is permanant and may not be appealed unless
overturned by a representative at The File Dump. The
domain owner should provide a
direct link to the URL that shows the banned images, not
just the site's domain name.
In addition, you may not;
Upload, email or otherwise transmit any images that are
unlawful, obscene, harmful, threatening, defamatory,
hateful, invade the privacy of any third party, contain
nudity or child erotica, or are
otherwise objectionable. The File Dump does not control
the content of users' accounts and does not have any
obligation to monitor such content for any purpose. You
acknowledge that you are solely responsible for all
content and material you provide to the Service;
Upload, email or otherwise transmit any content that you
do not have the lawful right to transmit (including any
content that would violate any confidentiality or
fiduciary obligations that you might
have with respect to the content) or any content that
infringes the intellectual or proprietary rights of any
third party (including, but not limited to, copyright,
trademark, service mark or patent rights) including but
not limited to derivative works of such content,
defacement of such content, or content that would
violate the right of privacy or publicity of any public
or non-public persons;
Upload, e-mail or otherwise transmit any material that
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or
limit the functionality of any computer software;
upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," pyramid
schemes," or any other form of solicitation;
Upload, email or otherwise transmit any material that
includes code hidden or otherwise contained within the
file(s) of other content unrelated to the file(s), such
as .mp3, .wav, or other music files hidden within the
file structure of the image;
Interfere with or disrupt (or attempt to interfere with
or disrupt) the site or servers or networks connected to
the site or associated with the site, or disobey any
requirements, procedures, policies or regulations of
networks connected to, or associated with, the site;
You shall not copy, license, sell, transfer, transmit,
make available, distribute, publish any content
available on The File Dump in any format to any third
party. All files uploaded to The File Dump
become property of The File Dump in which all rights are
managed by The File Dump.
You agree to abide by all applicable local, state,
national and foreign laws, treaties and regulations in
connection with the Service. In addition, without
limitation, you agree not to use the Service to: (a) use
information from the Service in connection with sending
unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (b) harvest,
collect, gather or assemble information or data
regarding other users, including e-mail addresses,
without their consent; (c) transmit through or post on
the Service unlawful, harassing, libelous, abusive,
harassing, tortious, defamatory, threatening, harmful,
abusive, libelous, invasive of another's privacy,
vulgar, obscene or otherwise objectionable material of
any kind or nature or which is harmful to minors in any
way; (d) transmit any material that may infringe the
intellectual property rights or other rights of third
parties, including trademark, copyright or right of
publicity; (e) transmit any material that contains
software viruses or other harmful or deleterious
computer code, files or programs such as trojan horses,
worms, time bombs, cancelbots; (f) interfere with or
disrupt servers or networks connected to the Service or
violate the regulations, policies or procedures of such
networks; (g) attempt to gain unauthorized access to the
Service, other accounts, computer systems or networks
connected to the Service, through password mining or any
other means; or (h) harass or interfere with another
user's use and enjoyment of the Service.
The File Dump has no obligation to monitor the Service
and/or Content or any user's use thereof or retain the
content of any user session. However, The File Dump
reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to
satisfy any applicable law, regulation, legal process or
governmental request.
The File Dump reserves the right at all times to
terminate your account, and delete any and all
information, communications, postings and files at, in
whole or in part, that in The File Dump sole
discretion for any reason including, but not limited to,
violations of these Terms of Service. In addition, The
File Dump reserves the right at all times to disclose
any information posted by you or any other user as
necessary to satisfy any law, regulation or governmental
request, in its sole discretion.
Age Requirements and Limitations on Use of Services.
Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use
the Service and no information of children under the age
of 13 will be knowingly collected by The File Dump. If
The File Dump determines that it has collected personal
information of children under the age of 13, The File
Dump will immediately delete such information.
Users are limited to one account per person. Users are
limited to the file size, bandwidth and storage
limitations related to their account level. The File
Dump reserves the right to disable direct linking on
user accounts that are using excessive bandwidth or
otherwise abusing the system. The File Dump has the
right to change these limitations without notice to the
user. In addition, The File Dump reserves the right to
terminate any account for non-use of longer than 90
days. Your account will also be protected by a password
selected by you. You are solely responsible for the
dissemination of your password and other security
information relating to your account, and are fully
responsible for all activities that occur under your
password or account. Please notify The File Dump
immediately in the event that you believe your password
is no longer secure. Use of the Services is also
governed by the The File Dump Privacy Policy.
Trademarks and Copyrights. All trademarks, brands and
service marks, and files uploaded used in conjunction
with the Services by The File Dump shall be the property
of The File Dump. The File
Dump shall be the owner of all copyright and database
rights in the Services. You may not publish, distribute,
extract or reproduce any such content in any material
form except as it relates to the personal use of the
site for the viewing and storage of your images at The
File Dump. Permission for use of such content must be
obtained in writing from the The File Dump.
Copyright Infringement. The File Dump respects the
intellectual property rights of others. However, you
agree that The File Dump is not responsible for any
violations of any intellectual property rights in any
images or content posted to The File Dump. You
understand that by using these Services that your images
will be publicly available to others and that The File
Dump has no obligation to prevent the unauthorized
copying, dissemination, alternation or other use of your
images. If you believe that your intellectual property
rights have been infringed by another party please
contact The File Dump using our contact form at:
http://www.thefiledump.net/contact.php
Please provide:
An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
A description of the copyrighted work or other
intellectual property that you claim has been infringed;
A description of where the material that you claim is
infringing is located on the site;
Your address, telephone number, and email address;
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;
A statement by you, made under penalty of perjury, that
the above information provided by you is accurate and
that you are the copyright or intellectual property
owner or authorized to act on the
copyright or intellectual property owner's behalf.
Upon receiving your complaint, The File Dump may, in its
sole discretion, remove content that you believe
infringes your copyright. In addition, The File Dump may
terminate the account of the user
who appears to be infringing your intellectual property
rights.
Disclaimer of Warranty and Limitations of Liability.
The
File Dump expressly disclaims any responsibility or
liability for the use of the Services by you. The File
Dump also disclaims any and all
responsibility or liability for:
The accuracy, content, completeness, legality,
reliability, operability, or availability of information
or material in this site.
The deletion, failure to store, misdelivery, or untimely
delivery of any information or material.
Any harm resulting from downloading, or accessing any
information or material through the site.
THIS SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED
"AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE
EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY
LAW, AND
THE FILE DUMP DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
SERVICES. THE FILE DUMP DISCLAIMS ANY WARRANTIES OR
LIABILITY FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS
SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE
SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD
OR UPLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL The File Dump BE LIABLE TO
YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE
OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION
OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES (EVEN IF THE FILE DUMP HAS BEEN
ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE
OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM
INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR
ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
THE
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
PRODUCTS AND SERVICES. FOREGOING DISCLAIMERS, WAIVERS
AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification. You agree to defend, indemnify, and
hold harmless The File Dump and its subsidiaries and
other affiliated companies, and their employees,
officers, directors, contractors, agents,
licensors and suppliers, from all liabilities, losses,
damages, claims, costs and expenses, including
reasonable attorney's fees, that arise from (i) use or
misuse of the Services or any person to whom
you have granted access to the Services, (ii) your
violation of any of these Terms of Service, or (iii) any
other activity related to your account (including
negligent or wrongful conduct). The File Dump
reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise
subject to defense by you, in which event you will
cooperate with The File Dump and its
counsel in the conduct of such defense.
Forum and Choice of Law. These Terms of Service shall be
governed by and construed in accordance with the laws of
the State of Delaware, without regard to its conflicts
of law rules. You expressly
agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of
Service or your use of the Service shall be filed only
in the federal courts located in the State of Delaware, or state courts located in the county of
New Castle and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose
of litigating any such claim or
action. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising
out of or related to use of the Services or these Terms
of Service must be filed within one
(1) year after such claim or cause of action arose or be
forever barred.
Entire Agreement.
These Terms of Service constitute the
entire agreement between the you, the user, and The File
Dump with respect to the subject matter contained herein
and supersedes any
other agreement, proposals and communications, written
or oral, between The File Dump and you with respect to
the subject matter hereof, except that any other terms
and conditions located on
any individual site associated with The File Dump are
incorporated herein by this reference to the extent they
do not conflict with these Terms of Service. If a court
should find that one or more rights
or provisions contained in these Terms of Service are
invalid, you agree that the remainder of the Terms of
Service shall be enforceable. |
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