1. General terms
1.2. 8FILES shall offer to Users a legitimate technical solution that gives the ability to search by internal and external databases arranged on electronic computer machines (referred to as "ECM") of the third parties. 8FILES offers users access to a wide range of services, including search tools, communication lines, and storage of all sorts of information. All currently existing services, as well as any of their development and/or the addition of new ones shall be the subject of this Agreement.
1.4. Starting usage a particular service or its particular functions or passing the registration process, the User is considered to accept the terms of the Agreement in full, without any reservations and exceptions. In case of disagreement with any term of the Agreement, the User has no right to use the services of 8FILES. In case if 8FILES made any changes to the Agreement in accordance with paragraph 1.3 of the Agreement, to which the User does not agree, the User shall cease using the services provided by 8FILES.
2. User Registration. User Account
2.1. In order to use some services of 8FILES or some individual functions of the services, the User shall register, and as a result a unique user account will be created.
2.2. For registration the User agrees to provide true and complete information about oneself as prompted in the registration form, and to keep this information up to date. If the User provides incorrect information or 8FILES has a reason to believe that the information provided by the User is incomplete or incorrect, 8FILES has the right to block or delete a user account and refuse the User to use the services (or their individual functions).
2.3. 8FILES reserves the right at any time to require that the User confirms the data provided during registration, and in connection to request the supporting documents (in particular - identity documents), where the failure to provide those, at the discretion of 8FILES, can be made equal to giving false information and entail the consequences provided in § 2.2 of the Agreement . If the data of the User specified in the provided documents do not correspond to the data specified at registration, as well as if the data specified during the registration, do not enable to identify the user, 8FILES has the right to deny access to the User account and usage of services of 8FILES.
2.5. Login and password to access the User's account. When registering, the User shall choose autonomously a login (individual symbolic name of the User account) and password to access the User’s account. 8FILES has the right to prohibit the use of certain logins, as well as to establish requirements for a login and password (length, valid characters, etc.).
2.6. The User is solely responsible for security (resistance to guessing) of the password selected and independently ensures the confidentiality of the password. The user is solely responsible for all actions (and their consequences) within or while using services provided by 8FILES under the User account , including cases of voluntary transfer of data by the User to third parties to access the User's account on any terms (including for contracts or agreements). Where as, all actions within or while using services provided by 8FILES under User accounts considered to be produced by the User, except when the User in the manner prescribed by paragraph 2.7, notifies 8FILES of any unauthorized access to the services provided by 8FILES with the use of the User's account and/or of any other breach (suspicion of breach) of the confidentiality of the password.
2.7. The User shall promptly notify 8FILES of any unauthorized (not permitted by the User) access to the services provided by 8FILES using the User's account and/or of any other breach (suspicion of breach) of the confidentiality of the password. For security purposes, the User is obliged to solely carry out a safe shutdown under the User account ("Logout" button) at the end of each session of services provided by 8FILES. 8FILES is not responsible for any lost or corruption of data, as well as other consequences of any kind that may occur due to violation of the provisions of this part of the Agreement by the User.
2.8. Usage of the account by the User. This user has no right to reproduce, repeat and copy, sell and resell and use for any commercial purposes any part of the services provided by 8FILES (including content available to the user Via services), or access to them, except when the User received such permission from 8FILES, or as expressly provided by the user agreement of any service.
2.9. Termination of registration. 8FILES may block or delete a user account and deny access with usage of any account to certain services provided by 8FILES, and remove any content without giving any reasons, including a case of violation of the User Agreement terms or conditions of any other documents provided for in paragraph 1.3. of this Agreement.
3 . General provisions on use and storage
3.1. 8FILES shall be entitled to impose restrictions on the use of services for all Users or for certain categories of Users (depending on the location of the User, the language which the service is provided in, etc.), including the presence/absence of individual service functions, any other content, the maximum number of messages that can be sent or received by an account , the maximum number of calls to the service for a specified period of time, etc. 8FILES may disable automatic appeal to the services, as well as stop taking any of the information which is generated automatically.
3.2. 8FILES is entitled to send informational messages to the users.
4.1. The user is solely responsible to third parties for his actions related to usage of the Service, including the cases if such actions would lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the laws when using the Service.
4.2. When using the services provided by 8FILES the User shall not:
4.2.1. upload, send , transmit, or in any other way post and/or distribute the content which is unlawful , harmful, libelous, offensive to the morality, shows (or is a propaganda of) violence and cruelty, violates intellectual property rights, promots hatred and/or discrimination against people on racial, ethnic, sexual, religious or social grounds, contains insults to any persons or entities , contains elements (or is a propaganda of) pornography, child erotica, constitutes an advertisement (or a promotion of) services of a sexual nature (including under the pretence of other services), explains the procedure of manufacture, applying or other use of narcotic substances or their analogues, explosives or other weapons ;
4.2.2. violate the rights of third parties, including juvenils and/or inflict harm to them in any form;
4.2.3. impersonate any person or entity representative and/or the community representative without sufficient rights, including the staff of 8FILES, forum moderator, the owner of the site, and apply any other forms and methods of illegal representation of others in the network, as well as misinform the users or 8FILES about the properties and characteristics of any subjects or objects;
4.2.4. upload, send, transmit, or in any other way post and/or distribute content, with no rights to do such actions according to the laws or any contractual relations;
4.2.5. upload, send, transmit, or post and/or distribute in any other way the advertisements, spam (including search), lists of e-mail addresses of others scheme "pyramids", a multi-level (network) marketing (MLM), internet income system and e-mail-businesses, "chain letters”, which are not permitted in a special way; and also use services provided by 8FILES to participate in these activities, or use services rovided by 8FILES, only to redirect users to pages in other domains;
4.2.6. upload, send, transmit, or post and/or distribute in any other way any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to make unauthorized access and serial numbers for commercial software products and programs for their generation, logins, passwords and other means to gain unauthorized access to paid resources on the Internet, as well as to provide links to the information above;
4.2.7. collect and store personal data of third parties in unauthorized manner;
4.2.8. disrupt normal operation of web sites and services provided by 8FILES;
4.2.9. promote actions for the violation of the restrictions and prohibitions imposed by the Agreement;
4.2.10. otherwise violate the rules of law, including international law.
5. Exclusive rights to the services and content
5.1. All items that are available using services provided by 8FILES, including design elements, the text, graphics, illustrations, video, computer programs for ECM, databases, music, sounds and other items (hereinafter - the services content), and any content posted the onservices provided by 8FILES, are subject matters of the exclusive rights of 8FILES, Users and other rights owners.
5.2. Using the content as well as any other elements of services is possible only within the functional proposed by some service. No part of the content services 8FILES, and any content posted on its services 8FILES, can not be used otherwise without the prior permission of the copyright holder. By using implied, including reproduction, copying, processing, distribution on any basis, display in a frame, etc.
Usage of the elements of content services by the User, as well as any content for own personal non-commercial use is permitted provided that all signs of copyright and related rights, trademarks, and other notices of authorship, the saving of a name (or aliased name) of an author/copyright holder name unchanged, retaining a corresponding object in an unaltered manner.
5.3. Uploading User Content on the Services 8FILES you provide 8FILES a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit Your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by 8FILES services. Whether your content is uploaded under the free access or paid access terms, you grant 8FILES the right to restrict access to view or to download your content (for example, without limitation, to paying users) and to charge users for access to your content, subject to certain configuration options provided to you by 8FILES, Subject to the terms and limitations set forth herein, you may terminate this grant of license to 8FILES as to any specific piece of User Content by removing or deleting that piece of User Content from the 8FILES Platform; provided, however, that it is understood and agreed that 8FILES may retain a copy of any User content as necessary to make it available to any other user who has paid for that access, and provided further that 8FILES may, but is not required to, retain indefinitely a copy of any User Content for archival purposes.
6. Sites and a content of third parties
6.1. Services provided by 8FILES may contain links to other sites on the Internet (third parties’ sites). These third parties and their content shall not be checked by 8FILES for compliance with certain demands (accuracy, completeness, legality, etc.). 8FILES shall not be responsible for any information, materials placed on the websites of third parties to which the User obtains access using the services, and also for any opinions or statements expressed on the sites of third parties, advertisements, etc., as well as for the availability of such sites or the content and consequences of their usage by the User.
6.2. Link (in any form) on any site, product, a service, any information of commercial or noncommercial character posted on the Site shall not be an endorsement or recommendation of these products (services, activities) on behalf of 8FILES, except when it is expressly stated on the 8FILES's pages
7. Shortage of guaranties, responsibility restriction
7.1. The User uses the services provided by 8FILES at his/her own risk. The services are provided on "as is" basis. 8FILES shall not take any responsibility, including for compliance of the services with objectives and expectations of the User;
7.2. 8FILES shall not guaranty that: services meet/will meet the User's requirements; the Services shall be provided permanently, timely, reliably and error-free; results that can be obtained through using the services shall be accurate and reliable and can be used for any purpose or in any capacity (eg, to establish and/or confirm any facts); the quality of any product, service, information, etc., obtained through using the services, shall meet the expectations of the User;
7.3. Any information and/or materials, access to which the User gets when using the services provided by 8FILES, the User can use at his/her own risk and is solely responsible for possible consequences of usage of the mentioned information and/or materials, including for any damage that may be caused by that to the computer of the User or third parties for any loss of data or any other harm;
7.4. 8FILES shall not be responsible for any kind of loss resulting from the use by the User of the services or their parts/functions provided by 8FILES;
7.5. Under any circumstances the responsibility of 8FILES shall be limited to 100 (one hundred) U.S. dollars and entrusted to 8FILES in the presence of guilt in the actions of 8FILES.
7.6. 8FILES shall not be responsible for any products or services that are advertised or offered by third parties through the services in the form of banners or other advertising.
7.7 The User expressly agrees that 8FILES shall not be responsible for defamatory content, abusive or illegal activity by third parties. The risk of damage and/or loss from such a content lies entirely within the User.
7.8 The User agrees to discharge from liability, protect against losses connected with any claims of third parties, including reasonably necessary fees for legal servises related or caused by downloading of the content or its availability on the resource provided by 8FILES, and the violation of any rights of third parties, which relate to the content.
8. Other provisions
8.1 This Agreement is a contract between the User and 8FILES on how to use services and supersedes all prior agreements between the User and FILEGIVER.
8.2. All possible disputes arising from relations governed by this Agreement shall be settled in the manner prescribed by applicable laws in force.
8.3. Because of gratuitousness of services provided under this Agreement, the rules on consumer protection provided by applicable laws shall not be applicable to the relationship between the User and 8FILES.
8.4. Nothing in the Agreement shall be construed as establishing between the User and 8FILES of agency relationship, partnership relations, the relations on joint activity, the relations on employment or any other relations, not expressly provided for by the Agreement.
8.5. If for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
8.6. Inaction on behalf of 8FILES in the event of breach of the provisions by the User or other users shall not deprive 8FILES of the right to take appropriate action to protect its interests later, and do not constitute a waiver on behalf of FILEGIVER of its rights in the case of a subsequent similar or like violations.
8.7. This Agreement is made in English and in some cases can be granted to the User for information in another language. In case of divergence of the English version of the Agreement with a version of the Agreement in another language, the provisions of the English-language version of this Agreement shall be applied.
8.8 The User shall acknowledge that he/she is fully capable and competent to enter into this Agreement and follow its terms.
8.9 If any of the provisions of the TOS can be considered ambiguous, void or for any reason unenforceable, such provision shall be deemed separable from the remaining provisions and shall not affect the validity and enforceability of any remaining condition.
8.10 You agree not to injure reputation of 8FILES with any acts or omissions.
8.11 You agree not to use automated scripts or programs to access 8FILES, unless approved by the serviceitself provided by 8FILES.
8.12 Applicable Law in this Agreement is the law of Nauru.
8.13 You agree not to get access to the resource of 8FILES by using any technology or other means except for those provided by 8FILES.
8.14 You agree not to alter or modify any aspect of the services of 8FILES.
8.15 Using the services of 8FILES, you are acting entirely under applicable law.
9. Reward Services
9.1 Access to the Reward Services. Your use of the Reward Services is subject to your creation and our approval of the 8FILES account (an “Account”). We have the right to refuse or limit your access to the Reward Services. By uploading the file you automatically apply to use the Reward Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account.By enrolling in Reward Services, you permit 8FILES to serve, as applicable, advertisements and other content (“Ads”) to your uploaded files (“Property”). In addition, you grant 8FILES the right to access, index and cache the Properties, or any portion thereof, including by automated means. 8FILES may refuse to provide the Reward Services to any Property.
9.3. Taxes. As between you and 8FILES, 8FILES is responsible for all taxes (if any) associated with the transactions between 8FILES and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Reward Services, other than taxes based on 8FILES’s net income. All payments to you from 8FILES in relation to the Reward Services will be treated as inclusive of tax (if applicable) and will not be adjusted.