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Terms of service

As any system or thing, this service should also be used judiciously, with the generally accepted norms of conduct and ethics. The system cannot be used for malicious or illegal purposes, such as distribution of copyrighted works, if you have no rights to it. Service providers can delete any uploaded content, if it objectively affects the interests of either party. The user must assume personal and full responsibility for the actions carried out using this service and its content. The technical service terms of use can be changed. It cannot be guaranteed that the files on servers will be available 100% and are not exposed to potential risks, but actions is being taken to mitigate these risks.

Changes: 03.02.2015

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://files.fm or https://failiem.lv  website or other subdomains  of these domains (the "Service") operated by Files.fm ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Privacy Policy explains how we collect and use your information: https://files.fm/privacy-policy

If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization.

 

Your Files and data

When you use our Service, you may upload and store various kinds of files or data („Your Files”). These terms does not give us any rights to Your Files, except limited rights, that is needed to run and provide the Service.

We need your permission to host, backup and share Your Files, when you ask us to. Our Service also provide you with features like photo and document previews, email communication, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Files. You give us permission to do those things, and this permission extends to trusted third parties we work with.

 

Sharing Your Files

Our Service let you share Your Files with others, so you have to use it with a caution. You are not allowed to copy, upload, download or share content unless you have the right to do so.

On the Service, it is forbidden to carry out and submit, send or share the information (including photos, video and audio materials) that:

·         infringes or violates the third parties` intellectual property (copyrights, etc.) rights;

·         infringes personal dignity and respect;

·         incite violence, racial hatred, or other illegal activities;

·         is vulgar, libellous, or otherwise offensive;

·         contains software viruses or designed to harm the computer or electronic communications software operation (security);

·         is uncoordinated advertising, chain letters, spam, etc.;

·         is of pornographic or excessively erotic nature or where video chat is advertised or work in video chat is offered;

·         is information of any other kind that affects or could affect the operation and safety of the Portal;

·         advertises financial services for which are not licensed according to the procedure of laws and regulations for providing financial services in the Republic of Latvia;

·         advertises or promotes illegal race, income pyramid schemes, methods based on vendor recruitment;

·         violates laws and regulations.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren\'t responsible for the content people post and share via the Service.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Service are not intended for and may not be used by people under the age of 13. By using our Service, you are representing to us that you are over 13.

 

Software

Some of our Service allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Service, attempt to do so, or assist anyone in doing so.

The Service are protected by copyright, trademark, and other Latvia and foreign laws. These Terms do not grant you any right, title or interest in the Service, others\' content in the Service, Files.fm trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

 

Copyright and Takedown requests

We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. More information here: https://files.fm/content-review

 

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account",  „Pro account”, „Business account”). We\'ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You\'re responsible for all applicable taxes, and we\'ll charge tax when required to do so.

No Refunds. You may cancel your Paid Account at any time but you won\'t be issued a refund unless it\'s legally required, due to nature of the Service.

Downgrades. Your Paid Account will remain in effect until it\'s cancelled or terminated under these Terms. If you don\'t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

 

Termination

You\'re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you\'re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others\' use of the Service. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven\'t accessed our Service for 12 consecutive months. We\'ll of course provide you with notice via the email address associated with your account before we do so.

 

Service is provided "AS IS"

TO THE FULLEST EXTENT PERMITTED BY LAW, FILES.FM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILES.FM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILES.FM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF 10 EUR OR THE AMOUNTS PAID BY YOU TO FILES.FM FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION.

 

Governing  Law and resolving of disputes

All disputes between Service and users shall be resolved through negotiations. We want to address your concerns without needing a formal legal case. Before filing a claim against Files.fm, you agree to try to resolve the dispute informally by contacting [email protected] We\'ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Files.fm may bring a formal proceeding. Then they shall be settled in a court of the Republic of Latvia in accordance with the Terms and laws and regulations of the Republic of Latvia.

 

Entire Agreement

These Terms constitute the entire agreement between you and Files.fm with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. And will post the most current version here. If a revision is material we will try to provide at least 15 days notice via email or posting a message on Service prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Terms and conditions of file sale

  1. General Provisions

    1.1. By accessing a File Store published on this website or a File Store that is integrated in another website using the file-trading platform (hereinafter - File Store), you agree to the following Terms. Visiting a File Store or by continuing to use the site, you agree and acknowledge that you do so under these Terms. The Terms are an agreement between you and us SIA "Files.fm" registration number: 40003962231, VAT number: LV40003962231 address: Stabu street 119, Riga (hereinafter - Files.fm). Files.fm may change these Terms of use without prior notice.

    1.2. Files.fm File Store general rules apply to Files.fm Service Terms and Conditions:https://files.fm/terms

    1.3. The User uses Files.fm information technology systems (hereinafter - System) to store and, if necessary, distribute or sell the content in digital file format (hereinafter - Files) to other Internet users (hereinafter - Buyer).

    1.4. File Store User can be private or legal person (hereinafter - the User), but Files.fm reserves the right to deny registration or disable user access to the System in case the Terms are violated.

    1.5. File content may be: photos, videos, audio materials, documents and other file types, that can be distributed and published in according to the Latvian and European Union laws and regulations.

    1.6. By using the System and publishing Files the User confirms the following:
    1.6.1. The User has all the rights to publish and sell the Files.
    1.6.2. The User has made all the necessary agreements with the persons who have or could have any kind of rights on the Files published by the User.
    1.6.3. The User has made all the necessary agreements with the people who have or are likely to have any kind of co-authorship rights on the Files published by the User.
    1.6.4. The User has set terms of use for the File (hereinafter - the License) and is aware that the File Buyer has all the rights to use the Files according to the specified License.
    1.7. Files.fm only provides File Trading System functionality to the User and the Buyer.

    1.8. File directories and Files can be accessed with a unique link that initially is not publicly available. The User can distribute this unique link at his/her own and sole discretion.

    1.9. The User may specify that certain Files or File directories are publicly available in his/her own public file catalog, thereby confirming that User allows anyone to see and purchase the Files. The System service providers have the right to publish these Files and use for the File Store promotion purposes.

    1.10. These provisions are made in accordance with the Latvian laws and if any disputes occur, concerned parties should resolve it by negotiation, but if that is not possible, then in order prescribed by Latvian laws.

  2. The price of the File and the License

    2.1. The User may set the price for every File he/she has uploaded to the System. Henceforth the File can be downloaded after purchasing the price.

    2.2. The minimal price for the File is 1,00 EUR. The price includes all the applicable taxes according to Latvian laws, including value-added tax of 21%.

    2.3. If price is set for the File, then the Buyer has the right to purchase the File using one of the payment methods offered by the System. The Buyer has the right to use the File according to the License that is displayed in the File description at the time of the transaction.

    2.4. The User sets up the License Terms for the File or for the File directory at his/her own and sole discretion, entering the information along with price set up process.

    2.5. The System supports the following payment methods: credit card, Paypal, Swedbank.

    2.6. EUR 0,50 payment fee is applicable to every transaction and is collected from the Buyer in addition to the price of the File. The payment fee is nonrefundable.

    2.7. The System generates an automatic email according to every transaction and sends it to the Buyer on the email address registered in the System. The email includes the date, when the Files are purchased, terms of the License, the purchased amount. The Buyer is obliged to keep this email as a proof that the Files are purchased and used in compliance with the License Terms.

    2.8. The User receives automatically generated email on the email address registered in the System, including information about the Buyer, purchased Files and purchased amount.

  3. Payments to the Seller

    3.1. All the funds received from the File trade will be transferred to the User account in the System, deducting 10% (ten percent) fee for the use of the System. This information is available in the section "My file selling" to authorized users who have uploaded commercial Files.

    3.2. The User have Access to the following information in own account in the System:

    3.2.1. Information about all the transactions with the Files purchased from the User including transaction date, name of the Buyer, name of the purchased Files, License Terms, price, deductions related to use of the System and transaction administration and other information.
    3.2.2. Amount of accumulated funds from the File trade.

    3.3. The User have right to request transfer of accumulated funds to his/her bank account. To do that the User have to fill in the beneficiary information. The User is responsible for accuracy of the beneficiary information.

    3.4. All the applicable taxes and fees in accordance with Latvian law will be deducted based on the beneficiary status taking into account whether he/she is resident or non-resident, legal or private entity.

    3.5. The User have right to request transfer of accumulated funds at his/her own and sole discretion, but not more often than once in 30 calendar days. Files.fm is obliged to transfer the accumulated funds on the specified account during 30 (thirty) calendar days from the day Files.fm receives the User request for transfer.

    3.6. If the beneficiary information is incorrect, Files.fm notifies the User by sending information request on the User email address registered in the System.

    3.7. Files.fm has the right to withhold transfer of the accumulated funds till the moment Files.fm receives correct beneficiary information.

    3.8. The User agrees that Files.fm have the right to set-off mutual claims with prior notification sent on the User\'s email address registered in the System.

  4. Intellectual property rights

    4.1. Files.fm is an intermediary in sales transaction between the User and the Buyer.

    4.2. The User as the File publisher and the Buyer who owns right to use the File in compliance with the License Terms take full responsibility for inviolability of the intellectual property rights.

    4.3. Files.fm is not obliged to verify the intellectual property rights owners to the Files published in the System. Also Files.fm is not obliged to monitor inviolability of the intellectual property rights.

    4.4. Any person, who has a claim against any File published in the System, can submit a reasoned application justifying own intellectual property rights to the File and ask to delete the File from the System. In order to do that a person has to fill in the application form, indicating the type "Complaints against the content": https://files.fm/contacts

    4.5. Files.fm will check the application and delete the File from the System in case the application includes legally correct justification of the intellectual property rights to the File.

    4.6. The User transfers the rights to use the File in compliance with the License Terms to the Buyer.

  5. Eyewitness catalog

    5.1. The User can send the File to the "Eyewitness" catalog, indicating the information required in the File upload form. The User has to specify all the requested information and agree to the rules in order to be able to send Files. Supported file formats are the following: JPG, JPEG, GIF and PNG.

    5.2. Files.fm editor will verify whether the File includes the content that does not violate the rules, with the exception of intellectual property rights verification. The File will be published in "Eyewitness" catalog if the following conditions are met: content is appropriate according to the rules, content is interesting to publicity at Files.fm editorial discretion, creation date is not older than one month.

    5.3. If you want to remove the File from the "Eyewitness" catalog, please fill out the following information form, specifying the type "Complaints against the content": https://files.fm/contacts

    5.4. Catalog "Eyewitness" includes the Files that are sent within a month. All Files that are older than one month are available in the catalog "Eyewitness archive". The Files can be removed from the catalog "Eyewitnesses archives" at Files.fm own discretion.

  6. File Store Platform integration into the User’s website

    6.1. The User with Business account subscription can receive the System code to integrate the File Store into own website. In order to receive the code the User has to send request to [email protected]

    6.2. These Terms apply to the Users, Buyers and third parties, even if part of the System is integrated into the Users website.

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