Terms

Agreement

This 'Terms of Use' (hereinafter "Agreement") outlines the terms and conditions specifying Xfile (hereinafter "we" or "our company") services provided to our clients (hereinafter "user" or "you"). By registering online or using any of Xfile services, the user accepts the following terms and conditions.

1. Services Provided by Xfile

Pursuant to the terms of the Agreement, Xfile provides certain services to its users. Herein:
- "User" (or "Users", or "you") means an individual or legal entity (which includes its stuff and agents) currently using or creating an account for using Xfile services;
- "Services" mean all electronic or interactive services provided by Xfile to its users. We reserve the right to revise or withhold any of our services at will without a previous notice.

2. Xfile Ownership

The user accepts that all data (excluding data uploaded by users) available on our Website, including but not limited to information, products, software and services (hereinafter "Materials"), is provided and owned by Xfile or by our third party authors, developers and suppliers (hereinafter "Third Party Providers"). All elements of our website are protected by applicable laws and must not be copied both in whole and in part, if not allowed by the owner. Xfile, its logo and any products are duly registered trademarks, while there can be other trademarks on the website, which belong to Third Party Providers.

3. User Information Provided for Xfile

The user accepts and ensures to submit true, current and exact contact details in Xfile forms, as well as to update it with a view to guarantee adequacy of the information. In case of providing false, incorrect or outdated information, we reserve the right to suspend or terminate both the user's account and the agreement.

4. User Data at Xfile

The user is held fully liable for the Materials stored by the user at Xfile servers. User‘s data is uniquely accessible through the generated link. The user hereby agrees to provide regular and frequent archiving of his/her data and to take responsibility if it is lost or cannot be recovered. The user agrees to ensure that his/her data complies with current legislation. The user understands that all is/her data will be deleted if the Agreement is terminated. At the same time, Xfile reserves the right to keep any users‘ data in its archives without any liability to any user.

5. Legal Xfile Use and Website Access

Any illegal, abusive or obscene material is strictly prohibited by Xfile, as well as promotion of any illegal activity. Our company respects copyright implementing the following policy:
- Materials that we believe to fall under copyright law are removed, while any access to them is blocked, if they were copied and spread by any our user in contravention of the law;
- Any user who repeatedly disregards copyright law is to lose their access to the service.
Any adult content (Materials of explicit or pornographic nature) must not be stored on Xfile servers or published on our Website. Xfile reserves the right to identify adult content and to suspend or terminate its transmission without previous notice.

5.1 Children Safeguarding

Xfile fully cooperates with law-enforcement agencies assisting in criminal investigations associated with any violation of children's rights, including child pornography. Within the cooperation, Xfile provides access to its users‘ personal data. While under the investigation, the user is denied access to our service.

5.2 Misconduct

Since our users‘ privacy is of great importance to Xfile, we expect a similar approach towards our company and third parties from each user,and forbid both committing and permitting any wrongful acts. Specifically, it is prohibited to upload and give publicity to any damaging materials related to any person without his/her written consent in case the materials can cause emotional distress.

5.3 Xfile Access and Interference

Any violation or interruption of Xfile systems and services, as well as attempts of violation and interruption, can conduce to criminal and civil liability within the Xfile right to defend its privacy and copyright.
This covers such acts as:

  • Unauthorized access and use of Xfile services, including attempts to test the system vulnerability or to violate the security without Xfile express authority;
  • Interference with Xfile services, users or network, e.g. flooding, intentional overloading and unauthorized broadcast attacks;
  • Unauthorized application of any device or software in an attempt to disrupt smooth running of Xfile services.

5.4 Xfile Copyright or Trademark Violation

It is allowed to use Xfile services for lawful purposes only. It is forbidden to transmit, share or store any materials violating any applicable law. Prior to using any third party material, the user has to get written consent!

By using Xfile Services, the user acknowledges that he/she has the copyright and/or appropriate license on any stored content. The user ensures that he/she does not entrench on any third party rights by uploading, sharing and storing any content at our servers. In case this policy is violated, any user's transmission can be suspended or terminated, as we see fit.

5.4.1 DMCA Compliance

Though Xfile is not registered in the US and does not fall within its jurisdiction, we comply with DMCA aiming to protect copyright holders across the globe. In case of repeated violation of DMCA provisions, the user will be denied access to Xfile service. The access denial applies to violation of intellectual property rights of third parties. All materials, which we believe to be violating the policy, can be removed or an access to them can be denied.

In case you find out that any Xfile user has violated your/third party intellectual property rights, please write to our Copyright Agent! Any complainant has to submit the following information:

(a) A sample of the intellectual property right owner‘s signature, including a digital signature (a signature of an authorized person may be also provided).
(b) Information through which the violated intellectual property can be identified.
(c) The unique URL and other details to locate the infringed material.
(d) Complainant‘s contact details.
(e) A brief written statement verifying that a complainant has bona fide belief that the infringed material was used without proper authorization.
(f) A brief written statement verifying faithful representation of the aforementioned information and complainant‘s proper authorization, made under penalty of perjury.

Please, get in touch with our Copyright Agent via:

ADDRESS

5.4.2 Xfile Subpoenas

Pursuant to the DMCA policy, Xfile may be required to disclose some identifying information, and thus the user accepts and authorizes Xfile to disclose any provided information,as well uploaded materials, when a law or subpoena requires this.

5.5 Xfile Activities

The user accepts that Xfile is eligible to decide which actions are prejudicial towards our users, activities or reputation. First and foremost, we consider as harmful any actions preventing users‘ access to and usage of Xfile website and services. In case of any violation of our Terms of Use, please inform us, using our contact form.

5.5.1 Xfile Fair Use Policy

Though Xfile users are allowed to upload materials any number of times, it is prohibited to use our servers for storing users‘ files. The user, taking excessive storage resources, can be denied our service for oppressing other users.

If we notice that the user deploys excessive storage resources time and again, he/she will get a notification about misusing our servers. In case we notice that the user doesn‘t stop the misuse, his/her account can be suspended or terminated.

6. Xfile No Warranty

The user expressly agrees to use Xfile website and services, which are provided "as available", at his/her own risk and discretion. All warranties are disclaimed by Xfile and its suppliers to the fullest extent permitted by law. Xfile and its suppliers do not take responsibility for the correctness, completeness, reliability or timeliness of our services, software or content. There is no warranty that they will satisfy user‘s requirements and are suitable for intended use. We do not warrant that our services will be delivered in a timely, secure or faultless manner, as well as we do not warranty a correct or reliable result of their usage. We make no warranties that quality of any product purchased or obtained through our website or services will answer user‘s expectations. We do not warrant any error correction in our software. The user accepts that he/she bears full responsibility if his/her computer system is damaged or any data is lost in the result of downloading or using any materials through our website and services. No advice or information, the user gets from Xfile or via its website or services, creates any warranty unless otherwise stipulated in this Agreement. 

7. Xfile Indemnity

The user agrees to indemnify Xfile, its stuff and affiliates from any claims, including all legal fees originated from using the services through the user‘s account, or from his/her breaching this Agreement or other Xfile policies.

8. Xfile Liability Restriction

The user agrees to use Xfile website and services at his/her risk. The user, who disagrees with any of our policies or who are not satisfied with any of Xfile services, should stop using them immediately.

The user acknowledges and accepts that Xfile is not liable for any direct and indirect damages and losses even provided the user has informed us of such possibility, resulted from:

  • the use or the inability to use Xfile website and services;
  • purchase of substitute goods and services made as the result of using our website and services;
  • unauthorized access to or unplanned changes of user‘s transmissions or data;
  • any third party activities carried out via our website and services;
  • any other decisions and affairs that come as a result of your use of the website or service.

9. Modifications to Agreements, Policies or Xfile Services

Xfile reserves the right to introduce modifications to this Agreement without giving prior notice to users. Please check our Terms, Conditions and Policies in regular manner to ensure that you accept them. If the user disagrees or wants to delete all his/her data from Xfile servers, the user has to get in touch with us using our contact form.

Xfile reserves the right to change or withdraw the services temporarily or permanently without prior notice to users. Our company is not liable to users or any third party for any changes or stoppage of our services.

9.1

Termination of this Agreement by either side results in immediate terminations of user‘s rights and Xfile delivery of services.

10. Miscellaneous

This Agreement is governed by the US laws.

10.1 Xfile Exceptions

This Agreement governs the relations between Xfile and its users towards the subject matter hereof, except as provided by other agreements or terms published on the website.

Xfile Additional Information

If the user has any questions concerning our Legal Agreements, he/she can contact Xfile via our contact form.