FileCream Terms of Use

FileCream Technologies Inc. (“FileCream”) OWNS AND OPERATES THE WEBSITE LOCATED AT filecream.com (“Website”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY FILECREAM FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

  1. The Service. FileCream is a fully-managed cloud storage, software, and computation platform using a web-based dashboard or the FileCream API (the “Service”), as more particularly described on the Website from time to time. In order to access the Service and start using it, You must be a registered user and you can use the Service from a computer or personal mobile device.

  2. Payment for the Service. Your access to and use of the Services is subject to Your payment of the applicable fees due for the Services selected by You ("Fees") set out on the Website (or otherwise notified to You by FileCream from time to time) and all other applicable amounts, charges and taxes indicated to You when You use Services or noted on Your invoice and viewable in Your account profile. Unless otherwise stated on the Invoice, all invoiced amounts are due upon receipt and processed immediately using the credit card on file for You. Receipts for purchased Services will be delivered to You electronically. You shall: (i) keep the billing, credit card and payment information You provide to FileCream or its suppliers or payment processors, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise FileCream if Your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by FileCream caused by Your failure to provide FileCream with up to date billing information. To offset its additional processing costs, Company may charge You for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over Your credit limit; returned or rejected payments; or changes in personal identifier information. All administrative charges charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges. You are responsible for paying any applicable governmental sales, use, value-added, commodity, harmonized and other taxes imposed on Your purchase or use of the Services. To the extent FileCream is required to collect such taxes, the applicable tax will be added to Your billing account.

  3. Content. The Service allows users to store and access content in the cloud. You can access and store such content directly through FileCream or through such other mechanisms as we may permit from time to time, but different Fees shall apply depending on how you store and access the content and as described on the Website from time to time. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, collected in the course of your use of the Service (“User Content”), whether stored on FileCream servers or any other server, is your sole responsibility. This means that the viewer or user, and not FileCream, is entirely responsible for all such material copied, saved, uploaded, transmitted or otherwise collected by your use of the Service. FileCream does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will FileCream be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any materials copied, saved, uploaded, transmitted or otherwise collected via the Service.

  4. Restrictions on User Content and Use of the Service. FileCream reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. FileCream also reserves the right to access, collect, store and use all User Content generated through your use of the Service.

    We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

    In using the Website and/or Service You shall not:

    1. use any data accessed through the Service in breach of these terms f use, any policies or guideline published on the Website, or in breach of applicable laws or affected third parties’ rights

    2. copy any content except as expressly permitted to do so herein;

    3. impersonate any person or entity or misrepresent their affiliation with a person or entity;

    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

    5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

    6. intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;

    7. intentionally collect or store personal data about any individual or any form of personally identifiable information;

    8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or

    9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

    You also agree not to access the Website or the Service in a manner that, in the opinion of FileCream, utilizes the resources of the Website more heavily than would be the case for an average user of the Services abiding by these Terms.

  5. End User License. Except for User Content, this Website, and the information and materials that it contains, are the property of FileCream and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, FileCream grants You a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) use the FileCream API for your use (the “License”). The FileCream API is licensed to You and not sold. Nothing in the Terms gives You a right to use the FileCream names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

  6. Feedback. If You provide FileCream with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), FileCream may use such Feedback in the Website or in any other FileCream products or services (collectively, " FileCream Offerings"). Accordingly, You agree that: (a) FileCream is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to FileCream, (c) FileCream (including all of its successors and assigns and any successors and assigns of any of the FileCream Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any FileCream Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from FileCream or any of the other users of the Website in respect of the Feedback.

  7. Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that FileCream shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

  8. Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by FileCream. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by FileCream of that third party, third party product or service. FileCream is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that FileCream endorses or accepts any responsibility for the content or use of such websites, and You hereby release FileCream from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

  9. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN AND ANY RESULTS DERIVED FROM THE SERVICE ARE PROVIDED "AS IS." FILECREAM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. FILECREAM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND FILECREAM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. FILECREAM WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

  10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FILECREAM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF FILECREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FILECREAM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID FILECREAM IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  11. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD FILECREAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

  12. Termination or Suspension. FileCream may, under certain circumstances and without prior notice, immediately terminate or suspend Your ability to access the Website or Service or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with FileCream (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to FileCream), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website or Service (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website or Service may also include removal of some or all of the materials uploaded by You to the Website or Service or which you otherwise store or obtain access to through the Website or Service. You acknowledge and agree that all terminations and suspensions may be made by FileCream in its sole discretion and that FileCream shall not be liable to You or any third-party for any termination or Suspension of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of your rights under these these terms of use by FileCream shall be in addition to any and all other rights and remedies that FileCream may have.

  13. Availability & Updates. FileCream may alter, suspend, modify or discontinue this Website and Service (or any part of them) at any time and for any reason or no reason, without notice. The Website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. FileCream may periodically add or update the information and materials on this Website without notice. You acknowledge and agree that all alterations, suspensions, modifications or discontinuances may be made by FileCream in its sole discretion and that FileCream shall not be liable to You or any third-party for the foregoing.

  14. Security. Information sent or received over the Internet is generally unsecure and FileCream cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and You are responsible for any activities or actions under your password. You agree to keep your password secure. FileCream will not be liable for any loss or damage arising from your failure to comply with these requirements.

  15. General. These Terms of Use, together with the FileCream Privacy Policy, constitute the entire agreement between the parties relating to the Website and Service and all related activities, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by FileCream. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of FileCream to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by FileCream must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without FileCream’s prior written consent.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Service, please contact us at: hi@filecream.com

FileCream Technologies Inc. © 2022