Terms and conditions
FileLoft.com
("FileLoft") provides the FileLoft Web site including the FileLoft
Home Page and other FileLoft content (collectively, the "FileLoft
Site") subject to your compliance with the terms and conditions below. PLEASE
READ THIS BEFORE ACCESSING THE FileLoft SITE. BY ACCESSING THE FileLoft
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
FileLoft SITE. If you are dissatisfied with the FileLoft Site or with
any terms, conditions, rules, policies, guidelines, or practices of FileLoft.com
in operating the FileLoft Site, your sole and exclusive remedy is to discontinue
using the FileLoft Site.
1. Rules. While
visiting the FileLoft Site, you may also not: post, transmit or otherwise
distribute information constituting or encouraging conduct that would constitute
a criminal offense or give rise to civil liability, or otherwise use the FileLoft
Site in a manner which is contrary to law or would serve to restrict or inhibit
any other user from using or enjoying the FileLoft Site or the Internet;
post or transmit any information or software which contains a virus, trojan horse, spyware, worm or other harmful or disruptive component; upload, post, publish,
transmit, reproduce, or distribute in any way, information, software or other
material obtained through the FileLoft Site which is protected by copyright,
or other intellectual property right, or derivative works with respect hereto,
without obtaining permission of the copyright owner or rightholder.
2. Monitoring.
FileLoft.com has no obligation to monitor the FileLoft Site. However,
you agree that FileLoft.com has the right to monitor the FileLoft
Site electronically from time to time and to disclose any information as necessary
to satisfy any law, regulation or other governmental request, to operate the
FileLoft Site properly, or to protect itself or its subscribers. FileLoft.com
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable, undesirable,
or in violation of this Agreement.
3. Privacy. FileLoft.com
cannot ensure or guarantee privacy for FileLoft users. It is therefore
recommended that this service not be used for the transmission of confidential
information. Any such use shall be at the sole risk of the user, and FileLoft.com
and its affiliate and related companies shall be relieved of all liability in
connection therewith.
4. Buying over
the Internet. When making purchases or other transactions through the FileLoft
Site or the Internet, you may also be asked by the Merchant or information or
service provider to supply certain information, including credit card or other
payment mechanisms. You agree that all information you provide any merchant
or information or service provider through the FileLoft Site will be accurate
and complete. You agree to pay all charges incurred by you Or other users of
your account and credit card or other payment mechanisms at the prices in effect
when such charges are incurred. You also will be responsible for paying all
applicable taxes, if any, relating to purchases on the FileLoft Site. FileLoft.com
is in no way responsible for any charges you or any user of your account incurs
when making purchases or other transactions in this manner.
5. Limitation
of Liability. FileLoft.com takes no responsibility for the accuracy or
validity of any claims or statements contained in the documents and related
graphics on the FileLoft Site. Further, FileLoft.com makes no representations
about the suitability of any of the information contained in software programs,
documents and related graphics on the FileLoft Site for any purpose. All
such software programs, documents and related graphics are provided without
warranty of any kind. In no event shall FileLoft.com be liable for
any damages whatsoever, including special, indirect or consequential damages,
arising out of or in connection with the use or performance of information available
from the service.
6. Confidential
Information. You authorize FileLoft.com to collect from any party and to
retain all relevant information relating to your use of the FileLoft Site,
and you hereby authorize any party to provide us with such information. You
understand and agree that unless you notify FileLoft.com to the contrary
by e-mailing us, you further authorize FileLoft.com to disclose, on a confidential
basis, to any party with whom FileLoft.com has business relations all relevant
information relating to your dealings with us and the FileLoft Site.
7. Indemnity.
You agree to defend, indemnify and hold FileLoft.com and its affiliate
and related companies harmless from any and all liabilities, costs and expenses,
including reasonable attorneys' fees, related to any Violation of this Agreement
by you or users of your account, or in connection with the use of the FileLoft
Site or the Internet or the placement or transmission of any message, information,
software or other materials on the FileLoft Site or on the Internet by
you or users of your account.
8. Trademarks.
FileLoft and other names, logos and icons identifying FileLoft
and FileLoft.com products and services referenced herein are trademarks
or registered trademarks of FileLoft.com . All other product and/or brand
or company names mentioned herein are the trademarks of their respective owners.
9. DISCLAIMER.
THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY
OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE
IS ASSUMED BY THE USER, AND IN NO EVENT WILL FileLoft.COM BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING
OR INABILITY TO USE THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE
PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE
AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO,
THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD
HAS ELAPSED.
10. Miscellaneous.
This Agreement, including any and all documents referenced herein, constitute
the entire agreement between FileLoft.com and you pertaining to the subject
matter hereof. FileLoft.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver
of any provisions or right. If any of the provisions contained in this Agreement
be determined to be void, invalid or otherwise unenforceable by a court of competent
jurisdiction, such determination shall not affect the remaining provisions contained
herein.