TERMS OF SERVICE
1. Acceptance of Terms
Swift Media Services Ltd ("Us" or "We" or "Company") provides the SlingFile.com and our various related services ("Service" or "Site") to you ("You", "User", "Customer"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service" or "Agreement"), as well as any other written agreement between company and user. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
These Terms of Service describe the rules and principles that make up the basis of services provided to the User by the Company. These Terms of Service make up the complete and only agreement between us and you, and succeeds all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of these Terms of Service.
BY REGISTERING FOR OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS AND REGULATIONS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE LEAVE THE SITE NOW. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Service are effective as of 1 MAY 2010. We reserve the right to change these Terms of Service from time to time in its sole discretion and without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
2. Description of Services
SlingFile.com offers its services to the Customer on condition that the latter agrees to be bound by the Agreement in full. Within the boundaries of the Terms of Service:
- SlingFile.com ("Service" or "Site") refers to electronic and interactive services provided by SlingFile.com. We reserve the right to alter, or terminate any of the Services, at any time with or without notice to you. We will not be liable to you or any third.
- "Customer" (or "You" or "User") refers to an individual or a company including its staff and agents, using or intending to use the Site.
- "Customer" (or "You" or "User") agrees that by using the Site you represent that you are at least 18 years old and that you are of legal age to be able to enter into these Terms Of Service.
3. Use of Service
The Service is only provided to individuals or companies that hold a legal status allowing them to enter into binding legal contracts according to corresponding laws and regulations. This is to certify that the User has authority to be involved in business activity in accordance with the corresponding laws and regulations (within the Terms of Service), shall not be a business competition to the Site and is of legal age (18 years old or senior) to be able to sign and enter into binding contracts as a Customer.
You acknowledge and agree that all the materials (except for the ones uploaded to the Service) presented on this Site including but not limited to information, documentation, products, product logos, graphics, sounds, GUI, software and services ("Materials") provided by SlingFile.com or by a 3rd party - authors, developers, suppliers ("Intermediaries") belong to SlingFile.com and/or Intermediaries. All of these are protected by law and may not be copied or displayed in full or in part. SlingFile.com, SlingFile.com logo and other products mentioned in the Agreement are an official SlingFile.com trademark and may not be registered within some jurisdictions.
5. Customer Information
The Customer hereby agrees that he/she will provide accurate, real, complete and up-to-date information to SlingFile.com. The Customer forfeits to update the information if necessary and keep it full and accurate as required. In cases when the Customer provides inaccurate, untruthful and incomplete information, SlingFile.com reserves the right to freeze or terminate the registration of that Customer and cancel any Agreement with him/her.
6. Customer's Account
6.1. Access responsibilities
Customer is fully responsible for all and any attempts at accessing the Service or using the Service (including all the actions and transactions) by authorized or identified users registered on the Customers account with the exception of cases when access to, or use of the Service directly results from SlingFile.com's negligence. The Customer is responsible for providing conditions on which authorized users will be accessing the Service not taking into account the authorization given to the user by administrator.
6.2. Authorized Users
The Customer may appoint trusted users that have authority to use the Service on condition that the mentioned users are able to enter into binding agreements instead of the Customer. The Customer acknowledges and certifies that the person being registered as a trusted user ("Authorized user") holds the lawful rights of the Customer.
6.3. Responsibility For User's Account Information
It is the duty of the customer to keep their account information and the authorized user's account information at a safe place. The user is solely responsible for any activity carried via his/her account.
6.4 Unauthorized Use/Access Report
The Customer hereby states that he/she will immediately report any unauthorized use or access of their account. This implies to:
- Getting a confirmation of an order(s) placed with the Customer's account where the Customer had not placed it and is not aware of it.
- If someone has access the Customer's account without their concern or permission.
6.5 Other Account Restrictions
- The Site doesn't allow multiple accounts for one user. If we find such accounts, they will be deleted and the user can be banned from the Site temporarily or permanently.
- We don't allow sharing User's Premium account with any one. If we find such accounts, their premium status will be removed automatically and they could be deleted from the Site temporary or permanently.
- If the user caught doing any of the above; then the Site solely reserves the right to decide for the fate of the activity of SlingFile.com and its users.
7. Customer's Data
The Customer is solely responsible for the data uploaded to the Site. The Customer has the facility to control their uploaded data via the link provided by the Service at the time of upload. We recommend the Customers to archive their data regularly. Customer holds full responsibility for the archived, lost or irreplaceable data. The Customer also agrees to keep their data according to the law. SlingFile.com reserves the right to remove the data after the Agreement becomes invalid. The Site reserves full right to keep the Customer's data in its archives after it has been deleted and is not to be held responsible for the data in question.
8. Special Circumstances
SlingFile.com reserves the right to provide access to the Service and to the Customer's information to Authorized Agents that will be able to present a legal paper signed by the notary and the Customer's agent. The letter should include assurances of authenticity, responsibilities and obligations necessary for using the services of the Site at discretion of the latter. The Customer allows that the Site can rely on the letter and the degree of responsibility granted to the agent requesting access to the Services and the Customer's information. Under no circumstances does SlingFile.com bear obligations to the Customer or 3rd parties for relying on the letter or the agent with the responsibilities in question.
9. Limited Use
The Customer agrees not to use the services of the Site for the following purposes:
- Downloading, placing, emailing, sharing or any other way of publishing information that advocates terrorist propaganda, violence or displays death. We reserve the right to report such cases to the authorities and/or to ISP members.
- Causing harm to minors using any methods whatsoever including but not limited to child pornography. We reserve the right to report such cases to the authorities and/or to ISP members.
- Uploading, placing, emailing, sharing or other way of publishing information that does not comply with patent, copyright or trademark laws; discloses trade secrets or interferes with any other property rights.
- If, under any circumstances, we detected any User violating any of these terms, the User account will be banned and the information will be deleted from the Site. If necessary, SlingFile.com will send claims to the corresponding legal structures. And in such case, the Site will actively cooperate with administrative tribunals in the investigation and criminal prosecution of similar actions that means the disclosure of the data of the Client's account.
9.1. Illegal content/Adult content
SlingFile.com does not allow websites containing illegal or adult content as well as other forms of transferring illegal or obscene materials and information that induce individuals to committing illegal action including gambling, illegal arms' trade, advertising and publishing materials that may break the legislation on sexism and racism.
We reserve the right to freeze or delete your registration or transaction without prior notice if you neglect the Agreement.
You also agree that in cases of infringement of the Agreement by the Customer, SlingFile.com will actively participate in helping legal authorities and the government with gathering and providing the information on the Customer, the Customer's website, illegal or obscene information maintenance and individuals capable of acquiring access or using the illegal or obscene content.
IN CASE OF USING SLINGFILE.COM FOR DISTRIBUTION OF THE FILES CONTAINING MATERIALS WHICH APPEAR TO INVOLVE CHILD EXPLOITATION, THE CUSTOMER'S ACCOUNT WHO PLACED SUCH FILES WILL BE IMMEDIATELY DELETED AND ALL NECESSARY INFORMATION WILL BE PASSED ON TO THE NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN AS WELL AS TO THE ADMINISTRATIVE TRIBUNALS AND/OR MEMBERS OF THE ISP.
9.2. Illegal action
The Customer shall not commit or allow illegal or destructive action including but not limited to publishing of discrediting, scandalous private information concerning any person without the consent of the latter or intentionally causing moral harm.
9.3. Access and intervention
The Customer is strictly prohibited to make any attempt at breaking into the information system, and/or to make any attempt at influencing the Site's ability to provide services. Such interventions are subject to criminal or civil liability and include but is not limited to:
- Unauthorized access to SlingFile.com Service, including attempts at checking and scanning the system for accessibility and security or trying to break through the information security system without the consent of the Site.
- Interference with the process of providing services to any Customer or to a group of Customers including but not limited to flooding or intentional attempts at overloading the system.
- Use of devices, software or code with the intention of interfering with the Site's provision.
- Any action targeted towards destroying SlingFile.com infrastructure.
The Customer has no right to decompile, assort, decrypt, isolate, redesign or in any other way try to deduce the initial code of the program (including utilities, methods, processes and infrastructure) that makes the core part of SlingFile.com software.
9.4. System resources abuse
The Customer agrees that he/she will not abuse the system resources of SlingFile.com including, but not limited to, use of information taking excessive CPU memory or influencing the system's throughput; resale of access to the information placed on SlingFile.com servers.
9.5. Proprietary rights and trademark legislation
SlingFile.com can be used for lawful purposes only. We respect the intellectual property of others, and we ask you to do the same. Transfer, distribution or storage of any materials breaking laws or lawful acts, including laws on export regulation, are strictly forbidden. This includes materials protected by patents, laws on copyright, trademarks, service marks, trade secrets and other intellectual property rights.
If you believe its copyright, trademark or other property rights have been infringed by a posting on this site, you should send notification to our Designated Agent immediately.
The Customer is obliged to receive the preliminary consent of the author in cases when such materials are to be used. By using the Service, you declare and guarantee that you are the author and owner of copyright and/or the owner of due licenses for the represented information. You also acknowledge and agree that your information does not break trademark laws and other rights of the third parties. Upon receipt of a notice of a claim of copyright infringement, SlingFile.com reserves the right to immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9.6. Other activities
SlingFile.com reserves the right to decide which of the actions appear to be harmful to our Customer's reputation or activities, including activities preventing users from utilizing the Service or the Internet.
Upon finding that any account or the information attached to the said account breaks one of the rules described above, SlingFile.com reserves the right to terminate the account and seize the file transfer. It is also possible that SlingFile.com will forward complaints and report to legal authorities if necessary. In this case SlingFile.com will provide active assistance to authorities in the investigation and criminal prosecution of such actions, which presupposes disclosure of the Customer's account data.
You can report any violation of this Agreement via online ticket system. Each complaint shall be dealt with separately and can eventually lead to terminating the Customer's account without prior notice.
10. Disclaimer of warranties
The Customer acknowledges and agrees that:
- The Customer uses the Site at their sole risk. SlingFile.com services are provided on an "As Is" and "As Available" basis. SlingFile.com and its agents expressly disclaim all warranties including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SlingFile.com and its agents do not guarantee accuracy, safety and completeness as well as timely provision of services, software and information.
- SlingFile.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the reliability or accuracy of the results obtained from the Service, (iv) the quality of any products, services, information or other material obtained from the Service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and you will be solely responsible for any damage or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in the given Agreement.
The Customer agrees to compensate the damages, including reasonably necessary legal services' fees, and not to hold SlingFile.com and its affiliates and branches, management, employees and agents liable for any claims and requirements based on your use of the Service; or infringement of the present Agreement by you or other policies, decisions and conditions by SlingFile.com.
12. Limitation of liability
The user agrees that they are using the Site at your sole risk. If you are by not satisfied with any of the aspects of the Service or the given Agreement, as well as other rules, you shall terminate the Agreement and stop using SlingFile.com Services.
THE CUSTOMER AGREES THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Modifications to the Service and Rules
We reserve the right to modify or discontinue the Services of the Site, at any time, with or without notice, temporarily or permanently. The Customer agrees that SlingFile.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Customer acknowledge and agrees that we can establish general practices and restrictions upon the use of the Service, including the maximum size of the Customer's disk space on SlingFile.com servers as well as the number of references (and their duration) to the Service for a certain period of time. You also agree that SlingFile.com reserves the right to change Service fees without prior notice. The change of the tariff takes place as soon as the previous Agreement needs to be renewed to remain valid.
14. Termination of Service
The Customer agrees that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
The Site in its sole discretion shall file a warning, terminate (permanently or temporarily) or block access to the Service or discontinue the Service and stop providing services to the Customer, or remove the Customer's account record, as well as refuse providing services to the Customer in the future in the following cases:
- SlingFile.com has reasons to believe the Customer has not been keeping to the rules and regulations described in the Agreement and expressly stated in other instructions.
- The Customers stops the payments or owes funds to the Site.
- SlingFile.com is not capable of checking if the information provided by the Customer is valid and correct.
- SlingFile.com has reasons to believe that the Customer's activities may eventually lead to legal responsibility of the said Customer, as well as other Customers.
- Customer who post links in sites and/or forums without following respective rules (spamming, flooding etc.) will be suspended and their accounts will be deleted.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The termination of the Agreement between the Customer and SlingFile.com nullifies the privileges granted to the Customer by the Agreement and voids the responsibilities of the Site before the Customer.
15. General Information
If any clause of the Agreement is canceled, the court should execute the intentions of the parties reflected in the item, while other items of the Agreement continue to operate in full. Headings used for the clauses in this Terms of Services is only for reference purpose and do not define, limit, interpret, or describe any clause of the Agreement. The inability of SlingFile.com to undertake measures regarding the infringements accomplished by the Customer or any other individual(s), does not withdraw SlingFile.com's right to undertake measures concerning subsequent or similar infringements. Any requirement or claim raised by the Customer on any of the items of the given Agreement should be submitted within twelve (12) months starting with the moment of occurrence of the requirement or the basis for the claim.
15.1. Legal Relations
Customer and Site are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
15.2. Transfer Of Rights
User may not assign or transfer any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.
15.3. Force Majeure
You acknowledge and agree that temporary interruptions of the Services available through this Site may occur as normal events. Such interruptions may be caused by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Site's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16. Report Abuse File
Illegal or abuse files shall be immediately removed. Such files shall be added to a special filter that will prevent them from re-appearing. Please report such files to the abuse department by sending us the link to the file.
17. Refunds and Return Policy
All purchases of Services through the Site are non-refundable. As such, there are no refunds available to the Users.
18. Modifications to Agreements, Policies or to our Services
We reserve full right to change, modify or update these Terms of Service at any time without any notice. We also reserve the right, at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You acknowledge and agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on the Site's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You also acknowledge that the Site may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription and you shall be responsible to keep yourself up-to-date with these changes by reading these terms from time to time again.
19.1. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of the US, United States of America, excluding that body of law governing conflict of laws. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Site's failure to act with respect to a breach by Customer or others does not waive Site's right to act with respect to succeeding or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
19.2. Confidential Information Of The Site
You represent and warrant to Site that (a) you are not a competitor of SlingFile.com, (b) you shall keep publicly unannounced information and materials pertaining to SlingFile.com, (including but not limited to) pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information achieved from access to the Site or by the use of the Services of this Site to compete with SlingFile.com in its business.
Except for other agreements or terms appearing on the Site, this Agreement set forth the complete understanding and agreement between us with respect to the subject matter hereof.
20. Contact Information
Shall you have any questions on the legal Agreement or if you notice that any user is violating these Terms of Service, please let us know via online support system.
21. Premium Membership Fees
Upon registering for the Premium Services and providing the requisite Premium Services Registration Data, the credit or debit card that you provided during registration or updated at a later date (Active Credit Card), or your PayPal® account, as applicable, will be charged the applicable amount depending on the Premium Membership package selected.
(a) Where you select a one (1) day Trial Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Four Dollars and Ninety-Nine Cents ($4.99). Membership will recur monthly at Nine Dollars and Ninety-Nine Cents ($9.99) if not canceled in about 24 hours after signup.
(b) Where you select a one (1) month or 30 Days' Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Nine Dollars and Ninety-Nine Cents ($9.99). Membership will recur monthly at Nine Dollars and Ninety-Nine Cents ($9.99) if not canceled.
(f) Where you select a six (6) months Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Thirty Four Dollars and Ninety-Nine Cents ($34.99). Membership will recur bi-annually at Thirty-Four Dollars and Ninety-Nine Cents ($34.99) if not canceled.
(d) Where you select a twelve (12) month or 1 Year Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Fifty-Nine Dollars and Ninety-Nine Cents ($59.99). Membership will recur annually at Fifty-Nine Dollars and Ninety-Nine Cents ($59.99) if not canceled.
(e) Where you select a two (2) year Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Ninety-Nine Dollars and Ninety-Nine Cents ($99.99).
Items (a) through (e) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Active Credit Card bill or in your PayPal® account, as applicable, as "SlingFile"
All Fees for items (a) through (e) are payable in United States currency. Failure to use the Premium Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of SlingFile in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), SlingFile reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
SlingFile's™ authorization to provide and bill for the Premium Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. SlingFile's™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Premium Member account may be deactivated, and access to the Site and/or Services denied, for non-payment.
22. Cancellation of Membership
You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Services and cancel the subscription with the applicable payment processor, if any. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with SlingFile. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 hereinbelow shall immediately terminate. The following conditions apply to any Premium Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by SlingFile.
23. Refund rights and obligations
Because SlingFile has implemented the Instant Payment Notification (IPN) system, which allows files to be downloaded immediately after paying the Membership fee, without any exception we have a NO REFUND policy.
Refund rights and obligations are regulated in USA by "Fair Trading Act 1999" and the "Trade Practices Act 1974".
These laws state that a customer has a right to ask for a refund if the goods:
- Do not do the job the customer was told they would (the product doesn't fulfill its purpose)
- Have a fault that the customer was not told about the time of purchase
- Do not match a sample the customer was shown at the time of purchase and/or are not as they were described
Rights of traders:
The Trader doesn't have to provide the refund if:
- Proof of purchase is not available
- The customer simply changes their mind
- The customer finds the same product cheaper somewhere else
- The customer was told or knew about the fault at the time of purchase
- The goods were damaged after the purchase, (unless the damage is a result of the normal, recommended use of the goods).