MediaFire Terms of Service

DATED 2024-07-18 · VERSION 20260729_rev01 · COMPARED WITH 20220601_rev01

Full text changes — 20220601_rev01 to 20260729_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 Welcome to MediaFire! This MediaFire Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the "Agreement") governs your access to and use of the MediaFire website, Content, apps, software, products and services provided to you on, from, or through the MediaFire website, (collectively, the "Services"). Regardless of whether you have a subscription, are a registered user, or are simply downloading from a shared link which does not require a registered account, all such interactions with the MediaFire website and use of any Services is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of the terms of this Agreement which is a LEGALLY BINDING CONTRACT.
 If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to 'you' or 'your' will refer not only to yourself but also to the company or organization.
 IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.
+MediaFire (also referred herein as "us", "we" or "our") may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the MediaFire website, your sole remedy is to discontinue use of the Services. You use the Services of MediaFire at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
+MediaFire (also referred herein as "us", "we" or "our") may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement after being notified of such changes. If you do not agree to the changes, you must stop using the Services. If you are dissatisfied with anything related to the MediaFire website, your sole remedy is to discontinue use of the Services. You use the Services of MediaFire at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
 _Which means: The above states that you have read and agree to the Terms of Service and Privacy Policy, and any future changes, if you use MediaFire for yourself or your company or organization now or after modifications to this Agreement._
 ## Ability to Accept Terms of Service
+MediaFire Free Services are available to anyone over the age of 16, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 16 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.
+MediaFire Free Services are available to anyone over the age of 16, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 16 years of age, you are not permitted to use the Services, in compliance with the Children's Online Privacy Protection Act and other applicable laws. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
 MediaFire premium services are available to anyone over the age of 18.
 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.
 _Which means: You're over 18 and have authority and permission to accept this Agreement or between 16 and 18 and your parents have accepted this Agreement on your behalf._
 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.
 You retain all of your ownership rights in your Content. We don't claim any ownership in or to any of your Content.
 _Which means: If you created it, it's yours. If any piece of it was created by someone else, you swear you have their permission to store it for your own use or share it. We don't claim we own any of it._
+To enable MediaFire to provide the Services, it is necessary for you to hereby grant MediaFire a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.
+To enable MediaFire to provide the Services, you grant MediaFire a worldwide, non-exclusive, royalty-free, limited license to use, reproduce, distribute, and display Content solely for the purpose of providing the Services. This license can be revoked by you at any time by removing your Content from the Services.
 _Which means: You give us limited permission to do what you need us to do, like show your Content to you or people you share it with, store it on our servers._
 ## It's All About You
+You control your Content through your account and/or cookies which may be placed on your computer or other devices.
+While you are responsible for your Content and interactions with other users, MediaFire will take reasonable steps to ensure a safe and compliant environment.
 You are responsible for any costs associated with your Content and use of the MediaFire Services.
 You are solely responsible for your Content and your interactions with other users of the Services.
 When you allow other users access to your Content, you, not MediaFire, are responsible for what others do with it.
 Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that MediaFire is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MediaFire with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MediaFire, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.
 _Which means: Play Nice. You are solely responsible for everything you share or any interactions you have through MediaFire._
 ## Account Safeguards
+To access or benefit from the Services or features on MediaFire, you may have to create a MediaFire account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your MediaFire account from a trusted network. Although MediaFire will not be liable for any losses you might suffer, you may be liable for the losses of MediaFire or others.
+To access or benefit from the Services or features on MediaFire, you may have to create a MediaFire account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your MediaFire account from a trusted network. MediaFire is not liable for any losses you might suffer due to unauthorized access to your account. However, you may be held liable for losses incurred by MediaFire or others due to your failure to maintain the confidentiality of your access information.
 ## MediaFire & Services
 MediaFire does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, stored on or distributed through the Services and MediaFire expressly disclaims any and all liability in connection with Content. Content is yours, not ours.
 MediaFire Content may contain links to external sites; however, MediaFire is not responsible for any availability of or the content on or through any external site.
 Bandwidth in a premium account is consumed by anyone, including you, who download your file(s). From your My Account page, you may view stats about your bandwidth usage.
 ## Processing
 MediaFire reserves the right to fix any processing errors it discovers, which may result in adjustments to your account.
+## GDPR
+MediaFire will process personal data in accordance with the GDPR. You have the right to access, rectify, erase, restrict, and object to the processing of your personal data. For more information on your rights and how to exercise them, please refer to our GDPR Policy.
 ## As-Is Services
+YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAFIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
+YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAFIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 NEITHER MEDIAFIRE NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER MEDIAFIRE NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
 NEITHER MEDIAFIRE NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. MEDIAFIRE IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
 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, (V) ANY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) 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.
 _Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we're not responsible if something goes wrong._
 ## Limitation of Liability
+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.
+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 MEDIAFIRE'S 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 THE AMOUNT PAID BY YOU TO MEDIAFIRE IN THE TWELVE MONTHS PRECEDING THE CLAIM. 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.
 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.
 _Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong._
 ## Indemnity
 _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._
 ## Miscellaneous Legal
 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.
+The Agreement shall be construed in accordance with the laws of the State of Texas, without reference to principles of choice of law. You and MediaFire each irrevocably consent to the personal jurisdiction of the federal or state courts located in Harris County, Texas ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such an action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
+The Agreement shall be construed in accordance with the laws of the State of Texas, without reference to principles of choice of law. You and MediaFire each consent to the jurisdiction of the federal or state courts located in Montgomery County, Texas ('Courts') with respect to any action, suit, or proceeding arising out of or related to the Agreement or to the Services and/or Content. You agree not to bring any such action, suit, or proceeding in any court other than the Courts, unless required by applicable law.
 These Terms of Service, together with the Privacy Policy and any other legal notices published by MediaFire on the Services, the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
 No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
 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.
 _Which means: Standard contract language. All disagreements will be heard in Harris County, Texas, USA within one year._
 Please submit reports of any violations to our support department.
+Revised: May 31, 2022
+Revised: July 18, 2024