The terms and conditions (the “Terms”) apply to your access and use of the online file storage and sharing service (the “Service”) provided by filesFLASH (“we”, “our” or “us”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with filesFLASH for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and filesFLASH for violations of the Terms.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at http://www.files-flash.com (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications on the Site. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree with all of the terms and conditions of the amended Terms, you must stop using the Service.
If you have any questions regarding the use of the Service, please email us at email@example.com.Customer data and the service
The data, information, files, photos and other content that you provide to filesFLASH when you use the Service and any comments you post to the blog sections of the Site is referred, in the Terms, to as “Customer Data”.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to filesFLASH, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to filesFLASH.Grants and restrictions
Subject to the terms and conditions of the terms, filesFLASH grants to you a non-exclusive, non-transferable and revocable right to access and use the Service.
Unless expressly set forth in the Terms, you will not, and will not allow any third party to: (i) disclose to any third party any performance information or analysis relating to the Service; (ii) use any data mining, robots or similar data gathering or extraction methods with respect to the Site or the Service; (iii) download (other than the page caching) any portion of the Site (including, but not limited to, any materials contained in the Site); and (iii) use of the Site, the materials contained in the Site or the Service other than for its intended purpose.Ownership
As between filesFLASH and you and subject to the grants in the Terms, filesFLASH will own all right, title and interest in and to: (i) the Service; (ii) any work product developed by filesFLASH as a result of the performance of the Service; and (iii) any and all Intellectual Property Rights embodied therein. For the purpose of the Terms, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.Obligations
You must use reasonable security precautions in connection with your use of the Service. You must comply with the Laws (as defined below) with respect to your use of the Service. You must cooperate with filesFLASH’s reasonable investigation of Service downtime/outages, security problems and any suspected breach of the Terms. For the purposed of the Terms, “Laws” means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, filesFLASH, the subject matter of the Terms and/or the Service.
You represent and warrant that: (i) all Customer Data (as defined below) is either your sole property or has been collected by you from a third party in accordance with your privacy guidelines; (ii) your privacy guidelines comply with all applicable Laws; and (iii) you have obtained all consents required by the applicable Laws to transfer all of the Customer Data to filesFLASH for storage by filesFLASH within the United States or other countries.
filesFLASH is not responsible to you for unauthorized access to Customer Data or the unauthorized use of the Service. You are responsible for: (i) the use of the Service by any of your employees or any person to whom you have given access to the Service; and (ii) any person who gains access to Customer Data or the Service as a result of your failure to use reasonable security precautions (even if such use was not authorized by you).
Notwithstanding any terms to the contrary in the Terms, filesFLASH may disclose Customer Data: (i) as required by any applicable Laws; or (ii) in response to a subpoena or other compulsory legal process.
YOUR FILES FROM YOUR FREE ACCOUNT HAVE TO BE DOWNLOADED ONCE IN 60 DAYS. OTHERWISE, SUCH FILES WILL AUTOMATICALLY BE DELETED. DELETED FILES CAN NOT BE RESTORED.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
Your use of the Service and the Site is at your own risk. Enforcement of the Customer Data and conduct rules set forth in the Terms is solely at filesFLASH's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.Fair Use policy
You do agree with the fact that registered users and users with no account have the ability to download files at speeds not exceeding 300 kilobits per second, no more than 5 files per day. The maximum size of downloadable files for registered users and users with no account is 1 GB. The interval between sessions of the download must be at least 15 minutes. Premium users accounts have limitations depending on subscription package, maximum size of downloadable files: 5 GB.
You agree that the maximum size of files uploaded to the service are 1 GB for regular users and 5 GB for files uploaded by Premium account holders and for users uploading files using the ftp protocol.
It is prohibited to use your premium account for debrid services or share your account login and password with other customers. You agree that in case if you share your login and password information with other customers or use your account as part of debrid service, your account can be blocked without any refund and we reserve the right to block access to our servers from your network for violation of our Terms. You agree that you will not ask for refund or any compensation in such cases.Premium Accounts
You can add bandwidth and your storage space to your account (turning your account into a "Premium Account"). We'll automatically bill you from the date you buy a Premium 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.
If you don't pay for your Premium Account on time, or your card is declined we reserve the right to cancel it and reduce download speed and your storage to free account.
We may change the premium account prices at any time but will give you advance notice of these changes via a personal message to the email address associated with your account or via internal communication on our website.Cancellation policy
You may cancel your Premium Account at any time in your profile section. It will also cancel auto prolongation of your account.Refunds policy
Refunds are only issued if you not started to use your account. If you uploaded a file or used download bandwidth, we can't provide refund.
Your Premium Account will remain active until it's cancelled or terminated under these Terms.Delivery policy
Premium account will be delivered to your files-flash.com account online in real time, once your payment is accepted.Third party content
filesFLASH may provide third party content on the Service or the Site and may provide links to website and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. filesFLASH does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that filesFLASH is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. This provision will survive the use of the Service.Advertisements and promotions; third-party products and services
filesFLASH may run advertisements and promotions from third-parties via the Service or the Site or may otherwise provide information about or links to third-party products or services via the Service or the Site. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. filesFLASH is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-filesFLASH advertisers or third-party information accessible via the Service or the Site.Trademarks
The filesFLASH logos and slogan contained in the Site (or made available via the Service) are trademarks of filesFLASH and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of filesFLASH or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "filesFLASH" or any other name, trademark or product or service name of filesFLASH without our prior written permission. In addition, the look and feel of the Site and the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of filesFLASH and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site (or made available via the Service) are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. This provision will survive the use of the Service. It is prohibited to create websites which include our brand name in url. Such affiliates will be blocked from our affiliate programm without any refund.Disclaimer
filesFLASH PROVIDES THE SERVICE and the site ON AN “AS IS” and “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. filesFLASH DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. filesFLASH AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT filesFLASH KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICE REQUIRES ACCESS TO AND USE OF THE INTERNET; (B) filesFLASH IS NOT RESPONSIBLE FOR OPERATING OR MAINTAINING YOUR SERVERS AND YOUR CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICE; AND (C) THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA. WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT MAY HAVE CAUSED BY USING THE SERVICE. WE RESERVE THE RIGHT TO REMOVE OR REPLACE (WITHOUT PRIOR NOTICE), ANY CUSTOMER DATA THAT: (W) IS UNLAWFUL; (X) MAY COMPROMISE THE SECURITY OF THE SERVERS; (Y) USES EXCESSIVE BANDWIDTH, OR (Z) WE DEEM, IN OUR SOLE DISCRETION, MUST BE REMOVED. THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.Indemnification
You, at your sole expense, will defend, indemnify and hold filesFLASH and its directors, officers, shareholders, employees, consultants, affiliates and agents (collectively, “filesFLASH indemnities”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs, expert witnesses’ costs and fees, penalties, interest and disbursements) arising from or relating to any suit, action, or proceeding against any filesFLASH indemnities, whether successful or not, caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) any breach by you of the Terms (including, but not limited to, any breach by you of any of your representations or warranties); (ii) Customer Data (including, but not limited to, any violation, misappropriation or infringement of any third party's Intellectual Property Rights or rights of privacy or right of publicity caused by your acts or omissions with respect to Customer Data (or any portion thereof)); or (iii) your conduct. This provision will survive the use of the Service.Limitation of liability
IN NO EVENT WILL: (I) filesFLASH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) filesFLASH'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT EXCEED THE AMOUNT PAID BY YOU TO filesFLASH UNDER THE TERMS (IF ANYTHING). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.Termination
You may cease using the Service at any time. filesFLASH may terminate your use of the Service if filesFLASH reasonably believes you have breached any of the Terms.Repeat infringer policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, filesFLASH has adopted a policy of terminating, in appropriate circumstances and at filesFLASH's sole discretion, subscribers or account holders who are deemed to be repeat infringers. filesFLASH may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.Copyright complaints
If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth in our DMCA PolicyChild Abuse and Underage content
filesFLASH does not tolerate child pornography and underage content of sexual kind. When we get notification of such content, our support will act quickly to remove such content and block account of user who uploaded such content. We will report such content to the National Center for Missing and Exploited Children and Cybertipline at missingkids.com. We also reserve the right to cooperate and take actions, including cooperation with law enforcement agencies, to assist them in identifying and prosecuting individuals who are involved in the transmission or dissemination of content containing child pornography.Let us Know
If you want to report any child pornography that is posted to filesFLASH servers, please send links to firstname.lastname@example.org for investigation.Miscellaneous
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.Questions?
If you have any questions about the Terms, please contact us at email@example.com