MediaFire MediaFire Terms of Service changes — 20151106_rev01

167

FOR CLARITY, MEDIAFIRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MEDIAFIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDIAFIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

168

169

_Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we're not responsible if something goes wrong._

170

171

## Limitation of Liability

172

173

NEITHER MEDIAFIRE NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEDIAFIRES AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDIAFIRE AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEDIAFIRE AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

173

NEITHER MEDIAFIRE NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEDIAFIRES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDIAFIRE AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEDIAFIRE AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

174

175

The Services are controlled and offered by MediaFire from its facilities in the United States of America. MediaFire makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

176

177

_Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong._

178

179

## Indemnity

180

181

You agree to indemnify, defend and hold MediaFire and its affiliates, and both MediaFire and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any MediaFire Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. MediaFire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MediaFire's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

181

You agree to indemnify, defend and hold MediaFire and its affiliates, and both MediaFire and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any MediaFire Party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. MediaFire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MediaFire's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

182

183

_Which means: If we get in trouble because of something you did or should have done, you'll defend us in court or help us defend ourselves._

184

185

## Miscellaneous Legal

186

187

The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MediaFire without restriction.

17	17	MediaFire Free Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 13 years of age, then do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
18	18
19	19	MediaFire premium services are available to anyone over the age of 18.
20	20
21	21	Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
22	22
23		_Which means: You're over 18 and have authority and permission to accept this Agreement._
	23	_Which means: You're over 18 and have authority and permission to accept this Agreement or between 13 and 18 and your parents have accepted this Agreement on your behalf._
24	24
25	25	## Content - It's Yours
26	26
27	27	When you upload text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as "Content". You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.
28	28
29	29	You retain all of your ownership rights in your Content. We don't claim any ownership in or to any of your Content.
121	121	MediaFire Services may include special applications, application programming interfaces, installable software, or developer resources you can download and install on your desktop, mobile phone or other devices with Internet capability to enhance your ability to interact and benefit from the Services ("Software"). This Software may require periodic modifications/updates, which may occur automatically or require you to initiate them. The Software is a copyrighted work of MediaFire and is governed by the terms of this Agreement. MediaFire grants you a "Limited License" to use the Software solely to interact with the Services.
122	122
123	123	When you download and/or use the Software, you accept this Limited License. MediaFire grants you a personal, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free limited license to use the Software on any device you own or control. This Limited License is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MediaFire, in the manner permitted by this Agreement. You may not rent, lease, lend, sell, trade, redistribute, assign or sublicense your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not, or permit anyone else to, copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of MediaFire and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the Limited License will govern any upgrades provided by MediaFire that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
124	124
125	125	Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own) or to use any MediaFire trademark, logo, domain name (or any derivative thereof), branding or features.
126	126
127		Which means: MediaFire will offer you the ability to download and use new applications from time to time and may update the software periodically. MediaFire owns all its software and applications, regardless of who provided input or may make modifications to it, and only you may use it under this licensing agreement.
	127	_Which means: MediaFire will offer you the ability to download and use new applications from time to time and may update the software periodically. MediaFire owns all its software and applications, regardless of who provided input or may make modifications to it, and only you may use it under this licensing agreement._
128	128
129	129	## DMCA: Digital Millennium Copyright Act
130	130
131	131	If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law.
132	132
133	133	_Which means: Go to the Copyright page for legal guidelines, contact us, and we'll respond ASAP._
167	167	FOR CLARITY, MEDIAFIRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MEDIAFIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDIAFIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
168	168
169	169	_Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we're not responsible if something goes wrong._
170	170
171	171	## Limitation of Liability
172	172
173		NEITHER MEDIAFIRE NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEDIAFIRES AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDIAFIRE AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEDIAFIRE AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
	173	NEITHER MEDIAFIRE NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEDIAFIRES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDIAFIRE AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEDIAFIRE AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
174	174
175	175	The Services are controlled and offered by MediaFire from its facilities in the United States of America. MediaFire makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
176	176
177	177	_Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong._
178	178
179	179	## Indemnity
180	180
181		You agree to indemnify, defend and hold MediaFire and its affiliates, and both MediaFire and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any MediaFire Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. MediaFire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MediaFire's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
	181	You agree to indemnify, defend and hold MediaFire and its affiliates, and both MediaFire and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any MediaFire Party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. MediaFire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MediaFire's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
182	182
183	183	_Which means: If we get in trouble because of something you did or should have done, you'll defend us in court or help us defend ourselves._
184	184
185	185	## Miscellaneous Legal
186	186
187	187	The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MediaFire without restriction.
195	195	YOU AND MEDIAFIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
196	196
197	197	_Which means: Standard contract language. All disagreements will be heard in Harris County, Texas, USA within one year._
198	198
199	199	Please submit reports of any violations to our support department.
200	200
201		Revised: May 16th, 2014
	201	Revised: October 30, 2015

MediaFire Terms of Service

Full text changes — 20141202_rev01 to 20151106_rev01