Terms of Service
Last updated: February 26, 2007
File Mojo Terms of Service
By using the File Mojo services ("File Mojo Services"), you agree to be bound by the following terms and conditions (these "Terms of Service").
File Mojo does not claim ownership over any files, content, material or information stored or available to download through the File Mojo Services. All files are under ownership or copyright of their respective owner.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). File Mojo is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512. This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is the policy of File Mojo to respect the legitimate rights of copyright and trademark owners, their agents, and representatives. Users of the File Mojo Services are required to respect the legal protections provided by applicable copyright and trademark law. To report abuse, please contact us at firstname.lastname@example.org
In accordance with these Terms of Service you agree to the following:
* No Automated Uploads. You may not send automated uploads of any sort to the File Mojo Services without express permission in advance from File Mojo. Sending automated uploads includes, but is not limited to: using any manner of software which sends multiple or simultaneous uploads to File Mojo.
* You agree not to upload or transmit any data, text, graphics, content, or material that: is false or misleading; defamatory; invades another individual's privacy; is obscene, pornographic, or offensive; promotes bigotry, racism, hatred, or harm against any individual or group; infringes anotherís rights, including any intellectual property rights; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
We reserve the right to remove, ban or disable any file, content or material which is in use of excess amounts of bandwidth or other File Mojo resources; whereas the definition of "excess" will be decided by our sole discretion; so as to keep this a reliable service to our users. We also reserve the right to block whole domains and/or IP addresses with regards to the proceeding. Furthermore, a bandwidth limit may be imposed on individual files and/or domains/IP Addresses at our sole discretion.
We reserve the right to filter, block or ban any file, content or material that in our sole judgement poses a threat to File Mojo, its services, or users or that may violate intellectual property rights.
THE File Mojo SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE File Mojo SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
File Mojo DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY or AVAILABILITY OF MATERIAL OR INFORMATION DISPLAYED ON OR AVAILABLE THROUGH THE File Mojo Services. File Mojo DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY FILE, CONTENT, MATERIAL OR INFORMATION. File Mojo DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY FILE, CONTENT, MATERIAL OR INFORMATION ON THE INTERNET THROUGH THE File Mojo Services.
THE File Mojo Services, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE File Mojo Services ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. File Mojo EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. File Mojo DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE File Mojo Services. File Mojo DISCLAIMS ANY WARRANTIES FOR ANY FILE, CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE File Mojo Services.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE File Mojo SERVICES 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 RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
Under no circumstances shall File Mojo be liable to any user on account of that user's use or misuse of or reliance on the File Mojo Services. Arising from any claim relating to this agreement or the subject mater hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if File Mojo 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 File Mojo Services, from inability to use the File Mojo services, or from the interruption, suspension, or termination of the File Mojo Services.
Without limiting the foregoing, under no circumstances shall File Mojo be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
If you are dissatisfied with any aspect of the File Mojo Services or with these Terms of Service, or any other rules or policies, your sole remedy is to discontinue use of the File Mojo Services.
You agree to defend, indemnify, and hold harmless File Mojo, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the File Mojo Services, or your violation of these Terms of Service.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect.
Upon termination of this agreement by either the user of the File Mojo Services or by File Mojo, all of user rights under this agreement, and File Mojo's provision of services, will terminate immediately. This agreement shall remain in effect unless and until terminated by either you or File Mojo. You may terminate this agreement at any time; File Mojo may also terminate this agreement at any time and do so immediately without notice, and accordingly deny you access to the File Mojo Service, if in File Mojo's sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of this agreement by either you or File Mojo, you may at our discretion lose access to File Mojo and all your files or content. Such files or content may be deleted at our choosing; you will receive no compensation whatsoever unless otherwise agreed to by both parties. You also may be blocked from the File Mojo Services.
Changes in Terms of Service and the File Mojo Services
We may modify or terminate our 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. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. We may choose at our sole discretion to advise users of the File Mojo Services of any updates to these terms.
These terms and conditions will be governed by and construed in accordance with the laws of the United States Of America.
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