FileRights.com Terms of Use Agreement
Welcome to FileRights.com, a service of FileRights, Inc., a California corporation, (hereinafter referred to as "FileRights, Inc.", "FileRights", "FileRights.com", "site", "our", "we", or "us"). You must read and agree to these terms and conditions before you may access or view our sites.
Please read them carefully. By visiting FileRights.com, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. For purposes of the Terms of Use, FileRights includes its shareholders, directors, officers, employees, agents, affiliates, subsidiaries and any affiliated companies.
1. Eligibility:
You must be eighteen or over to register as a member of or use this site. subscribership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years old (or 21 years old in any location where 18 is not the age of majority).
By using and/or viewing this site you represent and warrant under penalty of perjury the following:
A) That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).
B) That you will not permit any person(s) under 18 years of age (or 21 years where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
2. Fees/Termination:
FileRights's usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. FileRights reserves the right to terminate your access to the site for any reason or no reason. FileRights may terminate your subscribership upon sending notice to you at the email address you provide in your application for subscribership or such other email address as you may later provide to us. If FileRights terminates your subscribership in the FileRights service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including, but not limited to, the preamble, and paragraph 2, 4, 5, 6, 8, 10, 12 and 14, inclusive, of this Agreement.
3. Filter Data Use by Registered Subscribers Only:
FileRights services are for the personal use of subscribers only for purposes of filtering allegedly (copyright) infringing links and files and may not be used in connection with any other commercial endeavors or purposes. Any organization that wants to use FileRights' filtering data must subscribe to the FileRights site and obtain its own user ID and password and agree to these terms of use. A subscriber to FileRights may not share data feeds or mass data obtained from FileRights with a non-subscriber - such use is strictly prohibited. Framing the FileRights.com site without authorization is strictly prohibited.
4. Proprietary Rights of Content on FileRights:
FileRights owns all the data posted to the site, the filtering data uploaded and downloaded from the site, and retains other proprietary rights on FileRights.com. The Site contains the copyrighted material, trademarks, and other proprietary information of FileRights and its licensors. Except for that information that is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on FileRights/CDA:
A) FileRights claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and subscribers and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that FileRights may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment FileRights violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of FileRights, its employees, independent contractors, performers and/or its subscribers or users.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on FileRights or transmit to other FileRights subscribers or users.
C) By posting content or data to any public area of FileRights, you automatically grant, and represent and warrant that you have the right to grant, to FileRights, and its subscribers, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, data, and Content and to prepare derivative works of, or incorporate into other works and other media, such information, data, and Content, and to grant and authorize sublicenses of the foregoing. As a visitor to FileRights, if you provide us with data or post it on FileRights, you thereby authorize FileRights and its affiliates and any entities that FileRights becomes involved with or merges with, the right to use, license, and/or sell such data. You hereby represent and warrant that any filter data that you provide to FileRights to com for purposes of subscriber filtering or removal from their web site(s) or search results is provided with the knowledge and consent of the copyright owner(s), that you are authorized by such copyright owners to act on their behalf to provide such filter data, that such filter data that you provide you believe in good faith, after a reasonable investigation, to be hashes or metadata of copyright infringing files under US law or links to infringing files under US law as the case may be, that you have the full rights to post any data provided to FileRights, that by using the site and services you are not interfering with third party rights, that if you download and use such data that you have the full rights to do so in a lawful manner, and that you agree that FileRights shall in no way be liable to you (or the Copyright owners as the case may be) for including such filter data or any other data on its site or services.
D) You must use the FileRights service in a manner consistent with any and all applicable laws and regulations and you may not use FileRights to commit or assist others to commit copyright infringement or to unlawfully interfere in third party rights. You agree that FileRights in its sole discretion, without any liability to you whatsoever, may choose to delete or modify any data provided to the site or upon upload or download.
E) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of FileRights. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to FileRights by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other subscribers to buy or sell any products or services through the service. You will not transmit any unsolicited email to other FileRights subscribers. Although FileRights cannot monitor the conduct of its subscribers off the FileRights site, 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 in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
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 or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the FileRights service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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 our site including the URLs of web pages and/or hyperlinks; 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. FileRights's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DMCA AGENT
FileRights Inc.
DMCA@FileRights.com
10866 Washington Blvd. 208
Culver City, CA 90232
It is the intention of FileRights to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7. Subscriber Disputes:
FileRights does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with the site and with other FileRights subscribers, including, but not limited to the data they provide or use. Because it is not involved in member interactions, in the event that you have a dispute with one or more subscribers or those who have posted, viewed, or used information on a FileRights site, you release FileRights, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ยง 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." FileRights reserves the right, but has no obligation, to monitor disputes between you and other subscribers.
8. Privacy:
FileRights.com is a community networking site whose goal it is to have copyright holders and their agents provide information regarding infringing files and links on the internet and for subscribers to use such information as a filter to stop the manifestion of such files and links over the Internet. By using the FileRights site and services you agree that any and all data that you provide to the site may be shared by FileRights Incorporated, its assigns, and its licensors with others, to carry out its services, to abide by applicable law and subpoenas, to promote the site, to analyze the presence of such links and files over the Internet or on other sites, to protect the security and integrity of the site and its users and subscribers, and for any other purpose consistent with this agreement.
9. Disclaimers:
FileRights, including its shareholders, officers, directors, agents employees, subsidiaries and affiliated company, is not responsible for any incorrect or inaccurate Content or data posted on the site or in connection with the FileRights service, whether caused by users, subscribers or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the FileRights service whether online or offline. FileRights assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. FileRights is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or subscribers or to any other person's computer related to or resulting from participating or downloading materials in connection with the FileRights site and/or in connection with the FileRights service. Under no circumstances will FileRights be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any Content or data posted, uploaded, or downloaded on the FileRights site or transmitted to FileRights subscribers. The Site and the service are provided "AS-IS" and FileRights expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FileRights cannot guarantee and does not promise any specific results from use of the site and/or the FileRights service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will FileRights be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or FileRights service, even if FileRights has been advised of the possibility of such damages. You further agree to hold FileRights harmless for claims arising from the use of FileRights. Notwithstanding anything to the contrary contained herein, FileRights's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FileRights for the service during the term of subscribership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with FileRights shall be submitted to the binding arbitration according to the applicable rules of the JAMS. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in San Francisco, California at JAMS before a retired Judge chosen using the applicable JAMs procedure and shall be governed by California law without regard to its conflict of law provisions.
13. Indemnity:
You agree to pay the attorneys fee and costs of defense and indemnify and hold FileRights harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement or arising from a breach of these Terms of Use or any breach of your representations and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Webmaster
FileRights Inc.
10866 Washington Blvd. 208
Culver City, CA 90232
or to the email address you provide to FileRights during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, FileRights may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FileRights during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by FileRights in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. FileRights's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
FileRights, Inc. is located at:
10866 Washington Blvd. 208
Culver City, CA 90232