Terms of Use

PLEASE READ THIS UNIVERSAL TERMS OF USE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

OVERVIEW

The following Terms of Use Agreement (this "Agreement") govern all use of the FileMood.com website (collectively referred as "the Website" or "this Website") and all content, services and products available at or through it.

Please read this Agreement carefully before accessing or using the Website. By accessing, using or simply browsing any part of the Website, you agree to become bound by the terms of use of this Agreement. If you do not agree to all the terms of use of this Agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old.

The terms "we", "us" or "our" shall refer to FileMood.com owners. The terms "you", "your" or "user" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We, in our sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Webite. Your use of the Website or the services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Website. In addition, you may occasionally be notified of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

AVAILABILITY OF THE WEBSITE/SERVICES

Subject to the terms of use of this Agreement, we shall use commercially reasonable efforts to attempt to provide this Webite on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Website on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

GENERAL RULES OF CONDUCT

You acknowledge and agree that:

• Your use of this Website, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

• You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non- public or personally identifiable information about another person or entity without their express prior written consent.

• You will not use this Website in a manner that:

  • Is illegal, or promotes or encourages illegal activity;

  • Promotes, encourages or engages in the exploitation of children;

  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;

  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

  • Violates promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

  • Infringes on the intellectual property rights of another person or entity;

  • Violates the privacy or publicity rights of another person or entity, or breaches any duty of confidentiality that you owe to another person or entity;

  • Interferes with the operation of this Website;

  • Contains or installs any viruses, worms, bugs, trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims.

• You will not copy or distribute in any medium any part of this Website.

• You will not modify or alter any part of this Website or any of its related technologies.

• You agree to back-up all of your User Content so that you can access and use it when needed. We does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

We reserves the right to modify, change, or discontinue any aspect of this Website at any time.

USER SUBMISSIONS AND USER CONTENT

In addition to the general rules above, the provisions in this section apply specifically to User Submissions or User Content posted to the Website.

Some of the features of this Website may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). User Content includes all content submitted through your Account. By posting or publishing User Content to this Website, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this Website, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Conent does not violate the rights of any third party.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

We own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Website, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Website for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

By posting or publishing User Content to this Website, you authorize us to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Website and this Agreement. You hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Website, including without limitation for promoting and redistributing all or part of this Website in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Website a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Website, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Website and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Website. You understand and agree, however, that we may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, we shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Website.

MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY

We generally does not pre-screen User Content. However, we reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. We may remove any item of User Content and/or terminate a User’s access to this Website for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement, at any time and without prior notice. We may also terminate a User’s access to this Website if we has reason to believe the User is a repeat offender. If we terminates your access to this Website, we may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

LINKS TO THIRD-PARTY WEBSITES

This Website may contain hyperlinks to other sites, resources or contents that are not owned or controlled by us. We has no control over, and assumes no responsibility for, the sites, resources or contents these hyperlinks refer to and privacy policies, or practices of any third party sites.

• You acknowledge and agree that we are not responsible for the availability of any such external sites, resources or contents, and does not endorse any advertising, products or other materials on or available from such sites, resources or contents.

• You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, resources or contents, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such hyperlinks.

• We encourages you to be aware when you leave this Website and to review the terms and conditions, privacy policies, and other governing documents of each other sites that you may visit.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us via the following form: Remove Content Form, note that we only process remove requests from this form, don't send e-mails

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR OWN RISK AND THAT THIS WEBSITE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND/OR (III) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US (INCLUDING WITHOUT LIMITATION ITS REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Website.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (III) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of the Website will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

INDEMNIFICATION

You agree to indemnify us, our contractors, and our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

TERMINATION

We reserve the right, in our sole discretion, to terminate your access to all or part of this Website, with or without notice.