Terms of Service for Filecrunch Services

These Terms of Service set forth the terms and conditions upon which Filecrunch, makes available, at no charge, its proprietary file transmission services ("Services"). Your use of the Services is expressly conditioned on your compliance with these Terms of Service. By clicking accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that Filecrunch may revise these Terms of Service from time to time. By continuing to access or use the Services after Filecrunch makes any such revision, you agree to be bound by the revised Terms of Service.

Description of Services

The Services provide a user the ability to upload and stores files to a Filecrunch server. Users can access and download the User File by clicking on the link. You acknowledge and agree that Filecrunch may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of the file that a user may store and send through the Services, the maximum number of days that a file will be stored by the Service and the maximum number of times a user may access the Services in a given period of time.

Responsibility for Data

You have sole responsibility for all User Files that you store on Filecrunch servers through use of the Services. You acknowledge and agree that Filecrunch will not be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss or any data, information or content contained in a User File.

Privacy Policy

Filecrunch respects the privacy of others. These Terms of Service incorporate the terms of Filecrunch’s Privacy Policy, which can be found at http://www.filecrunch.com/privacy

Copyright Policy

Filecrunch respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s rights.

Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of Filecrunch and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.

General Prohibitions

As a condition to your use of the Services, you agree not to :

Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another›s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Access, tamper with, or use any non-public areas of the Services or Filecrunch’s computer systems or the technical delivery systems of Filecrunch’s providers;

Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or

Impersonate or misrepresent your affiliation with any person or entity.

Filecrunch will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Filecrunch may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Filecrunch has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Links

The Services may make available links to third-party websites. You acknowledge and agree that Filecrunch is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Filecrunch of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Filecrunch EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Filecrunch MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT Filecrunch WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.

Indemnity

You agree to defend, indemnify, and hold harmless Filecrunch, 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 Services, or your violation of these Terms of Service.

Severability

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.

Notice

Filecrunch may provide you with notices, including those regarding changes to the Services by email or by postings on the Services.

Waiver

The failure of Filecrunch to enforce any right or provision of these Terms of Service will not be deemed a wavier of such right or provision.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Filecrunch and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between Filecrunch and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Filecrunch services, affiliate services or third-party content software or services.