Last updated: February 16th,2006

Terms of Use

Filemobile is an online service that allows our members to manage their media files and share their media. Filemobile members can view each others' profiles, share photos, video and audio, post comments, podcast or blog their media files. The service is operated by Filemobile, ("Filemobile"). By using the Filemobile Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Filemobile services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Filemobile may modify this Agreement from time to time, and such modification shall be effective upon posting by Filemobile on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Filemobile's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service, and Filemobile's Privacy Policy.

Please choose the information and files you post on Filemobile and provide to other members in the Filemobile Community carefully. Any media posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Filemobile Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Filemobile assumes no responsibility or liability for this material. Filemobile members may flag offensive media which will be automatically taken off the site, until it is reviewed by Filemobile's staff. Filemobile reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Filemobile shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account and for your interactions with other members.

Term/Fees

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the member Account page. Filemobile may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to Filemobile. If Filemobile terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after membership is terminated, this Agreement will remain in effect. Filemobile's Terms of Use and/or subscription fees that were explained to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that Filemobile reserves the right to charge for the Service and has the right to terminate a Member's Membership should the Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

Non Commercial Use by Members

The Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Filemobile. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Filemobile for any illegal or unauthorized use of the Website.

Proprietary Rights in Content on Filemobile

Filemobile owns and retains all proprietary rights to the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Filemobile and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

a. You understand and agree that Filemobile may review and delete any content, messages, Filemobile comments, photos, audio or video or profiles (collectively, "Content") that, in the sole judgment of Filemobile, violate this Agreement or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service and for any material or information that you transmit to other Members.

c. By posting any Content to the public areas of the Website, you hereby grant to Filemobile the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Filemobile reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; iv. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; v. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vi. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; vii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; viii. solicits passwords or personal identifying information from other users for commercial or unlawful purposes; or ix. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit junk email to other Members. Although Filemobile cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Filemobile reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Filemobile deems appropriate in its sole discretion.

g. Any automated use of the system, such as using scripts to add friends, is prohibited.

h. You may not attempt to impersonate another user or person who is not a member of Filemobile.

i. You may not use the account, username or password of another Member at any time, nor may you disclose your password to any third party or permit any third party to access your account.

Copyright Policy

You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Filemobile to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Filemobile by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Member Disputes

You are solely responsible for your interactions with other Filemobile Members. Filemobile reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy .

Disclaimers

Filemobile is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. Filemobile is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Filemobile assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of any user or Member communication. Filemobile is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Filemobile be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Filemobile expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Filemobile cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Limitation on Liability

IN NO EVENT SHALL FILEMOBILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF FILEMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FILEMOBILE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FILEMOBILE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website you agree that any dispute shall be governed by the laws of the province of Ontario , Canada , without regard to conflict of law provisions, and you agree to personal jurisdiction by and venue in the province of Ontario, Canada.

Indemnity

You agree to indemnify and hold Filemobile, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Filemobile regarding the use of the Website and/or the Service. The failure of Filemobile to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Filemobile is a trademark of Filemobile, Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.