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Terms and conditions to use Fileply The following terms and conditions (Terms and Conditions) govern your use of Fileply, and any content made available from or through the following Fileply Marketplace web site, including but not limited to: Fileply.com provides a digital content marketplace. (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Fileply.com services, you agree to abide by any applicable posted guidelines for all Fileply.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Fileply.com in any way, your only recourse is to immediately discontinue use of Fileply.com. Fileply.com has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. 1. Membership 2. Proprietary Rights Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites. You may download a single copy of any content contained on the Sites, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content. This excludes products available for sale/licensing on the Sites. Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites. If you make other use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided above, you will violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. 3. Copyright Agent Fileply respects the intellectual property rights of others, and required that those people who use its services respect the property rights of others as well The trade marks, logos, service marks and trade names displayed on Fileply, are registered and unregistered Trade Marks of Fileply and others. Nothing contained on the Sites should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Sites without the written permission of Fileply or the third party that may own the applicable Trademark. 5. Changes to Terms of and Conditions We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. 6. Disclaimer You agree to use the Services and any information obtained through or from Fileply at your own risk and you take full responsability for your acts. You acknowledge and agree that Fileply exercises no control over, and accepts no responsibility for, the content of information passing through Fileply's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Fileply MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. Fileply MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. Fileply EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Fileply. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Fileply PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement. Fileply is not responsible in anyway for any interruption of service or down time that may occur due to external network disruptions or negligence of Fileply agents. This includes loss of data resulting from 7. Discrimination We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. 8. Applicable Laws If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Fileply.com and/or its Associates. 9.LIMITATION OF LIABILITY IN NO EVENT WILL Fileply BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WEBM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Fileply's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The aggregate liability for the Company(Fileply) to you for all claims arising from your use of the Site is limited to $40. if you have any questions or concerns please use the contact page. Thank you for using Fileply |