Filestream.me Terms and Conditions
Filestream.me is a provider of online file hosting services. The use of the website www.filestream.me, (the “Website”), or the use of any of the content hosting and storage services provided via the Website (“Services”) is subject to the following terms and conditions (the “Contract”):
If you do not agree to the terms of this Contract, you may not use the Website or any of the Services.
Description of the Services
Filestream.me grants its registered users (“Users”) – as described below – the possibility to store online different types of content, including without limitation images, audios and videos (“Data”) that Users own or to which they have the necessary rights (“User Data”). Filestream.me provides Users with a basic amount of cloud storage at no charge as communicated on the Website. Addition cloud storage may be obtainable for a fee as communicated on the Website.
Accounts and Passwords
In order to use the Services you must create a personal flestream.me account. Registered Users are limited to one account per person. Your filestream.me account is solely for your own personal non-commercial use and benefit. All information required for registration must be true, correct, and complete. User agrees to maintain the accuracy of User’s filestream.me account at all times. You must update these registration data to remain authorized to use the Service. filestream.me is not liable for failure to deliver notices that result from inaccurate registration information.
You are responsible for safeguarding your login data, in particular to choose a secure password, to retain the password, and to maintain the password’s security. You may not disclose your password or any login data to any third party or permit any third party to use your filestream.me account. In case the password is lost, all Data stored online might become inaccessible and cannot be recovered. You are solely responsible for any activities or actions on your filesteam.me account, whether or not you have authorized such activities or actions. In case of any unauthorized use of your filestream.me account you must immediately notify filestream.me.
While using the Service or accessing the Website you agree to comply with the following requirements:
You may not:
- a. store, upload or otherwise transmit (i) any Data that you do not have the lawful right to store, upload, copy, transmit and display (including any Data that would violate any confidentiality or fiduciary obligations that you might have with respect to the Data); (ii) any Data for which you do not have the consent or permission of each identifiable person in the Data to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Data); or (iii) any data that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- b. delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Data if you are not entitled to do so;
- c. use any meta tags or other hidden text or metadata utilizing a filestream.me name, trademark, URL or product name without filestream.me ‘s express written consent;
- d. store, upload or otherwise transmit, without first obtaining the permission of filestream.me, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” Ponzi schemes or any other form of solicitation;
- e. store, upload or otherwise transmit, via the Website or Services, any Data that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libellous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of filestream.me;
- f. store, upload or otherwise transmit any Data that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- g. store, upload or otherwise transmit any Data that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Data that is unrelated to the immediate, aesthetic nature of the Data;
- h. attempt to probe, scan or test the vulnerability of any filestream.me system or network or breach any security or authentication measures;
- i. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Website or Services;
- j. resell the Services, in whole or in part;
- k. violate any applicable law, regulation, or ordinance;
- o. in any manner not permitted by this Contract.
- g. use the Service under the age of 18.
Monitoring of Data and Misuse of Services
Filestream.me is not obliged to control the Data in the filestream.me accounts and does not have any obligation to monitor such Data for any purpose. However, filestream.me may choose to monitor Data at any time, in its sole discretion.
If filestream.me becomes aware of a misuse of the Service or any violation of this Contract, it may in its sole discretion
- a. inform involved Users;
- b. request a response from involved Users;
- c. block the Data concerned;
- d. delete the Data concerned;
- e. block the responsible User;
- f. block or delete involved groups;
- g. terminate Service to the responsible User without notice;
- h. inform affected private parties and/or competent authorities;
- i. release data to government authorities and/or private right holders;
- j. take any suitable action to eliminate the misuse if applicable;
- k. seek compensation for damages; or
- l. take any other action filestream.me considers appropriate.
Subject to this Contract, filestream.me grants you a limited, non-exclusive, non-transferable and at any time revocable license to access the Website and use the Services and software.
You acknowledge that certain third party code may be provided with the software and that the licence terms accompanying that code will govern its use.
You acknowledge that filestream.me or third parties in its capacity as licensors own all right, title and interest in and to the Website, Services and the software, including all intellectual property rights. Except for the licenses granted in this Contract, filestream.me and its licensors retain all rights in the Website, Services and the software, and no implied licences are granted to you.
You specifically agree that you will not, nor will you permit another person to:
- a. sub-license, lease, rent, loan, transfer or distribute any portion of the Website, Services and the software;
- b. modify, adapt, translate or create derivative works from the Website, Services and the software;
- c. decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website, Services and the software; or
- d. remove, obscure or alter any trademark, copyright or other proprietary rights notices displayed in the Website, Services and the software.
Intellectual Property of Third Parties
Filestream.me respects the intellectual property of third parties and requires that Users of the Services do the same. When you use the Services, you may not store, upload or otherwise transmit any Data that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any third party.
Disclaimer of Warranty
User acknowledges the inherent risks involved in online Data storage, including without limitation the risk of destruction or loss of data.
Filestream.me PROVIDES ALL SERVICES “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK ASSOCIATED WITH THE SERVICES IS ASSUMED BY USER. filestream.me EXTENDS NO WARRANTIES TO USER OR TO ANY OTHER PERSON, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY THAT THE SERVICES ARE OF ANY PARTICULAR QUALITY.
The Service may contain links to other websites and services. filestream.me has no influence on the contents of these linked pages, dissociates itself herewith explicitly from all such contents, and makes no warranty whatsoever with respect to such links, websites, or services.
Availability of Services and Back-up of Data
Filestream.me uses reasonable efforts to make the Services available at all times. However, filestream.me cannot guarantee availability, shall not have any liability to you for any unavailability or interruptions, and is under no obligation to provide the User with maintenance, technical support or updates for the Services except in accordance with this Contract and, if provided, in the manner as determined by filestream.me from time to time. We reserve the right to suspend access to the User’s filestream.me account if the User disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other users.
You may back-up regularly the Data on a separate media and acknowledge that the failure to do so may cause the irreversible loss of Data in the event that any error in the Services causes problems and that filestream.me is not responsible for any such loss of Data.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL filestream.me BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE EVEN IF filestream.me HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless filestream.me and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or Services, or your violation of this Contract. filestream.me reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with filestream.me and its counsel, as necessary, in the conduct of such defense.
Changes to the Service
Filestream.me reserves the right at any time to modify, suspend or discontinue providing the Service, in whole or in part, In the event filestream.me anticipates that any such action will significantly affect your use of the Service in a negative way, filestream.me will endeavour to provide you with advance notice by email, an in-client message or by posting relevant information on the Website.
Term and Termination
This Contract remains in effect as long as you continue to maintain a filestream.me account or use the Services. You may terminate your filestream.me account at any time, for any reason, by following the instructions on the Website and discontinuing use of the Services.
Filestream.me has the right to terminate your filestream.me account: (i) if you have not accessed your account for at least ninety (90) consecutive days; (ii) if you exceed your available storage space; or (iii) if filestream.me elects to discontinue the Service completely or in part. In case of termination according to (i), (ii) or (iii), filestream.me shall provide at least thirty (30) days prior notice of termination. Such notice may be provided by email or by any other means. Notice shall be sufficient if emailed to you at the email address currently on file with filestream.me.
In case of a violation of this Contract, filestream.me may limit, block, terminate or delete your filestream.me account without notice.
In case of a termination of your filestream.me account, you shall: (i) cease all use of the Service and the software; (ii) delete all software from any computer, disk, or other media under your control; (iii) refrain from using any other user account to regain access to the Website.
UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, filestream.me SHALL HAVE THE RIGHT TO DELETE ALL DATA YOU HAVE STORED USING THE SERVICE. YOU AGREE TO MAINTAIN AN ADDITIONAL COPY OF ANY FILES SUBMITTED TO filestream.me.
This Contract shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in Malaysia
Filestream.me reserves the right to modify the terms and conditions of this Contract or its policies relating to the Service at any time, effective upon posting of an updated version of this Contract on the Website. You are responsible for regularly reviewing this Contract on the Website. Continued use of the Service after any such changes shall constitute your consent to such changes.
Neither this Contract nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of filestream.me. Any assignment in violation of the foregoing shall be null and void.
If any part of the Contract is held to be invalid in whole or in part, that term or part will be deemed not to form part of the Contract. The enforceability of the remainder of the Contract will not be affected. The same applies if this Contract contains a loophole.
Filestream.me shall not be liable for any non-performances of the Services hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster.
Filestream.me is aware that the protection of personal data and its confidential handling is of great concern to our users. We would therefore like to illustrate which personal date and information we collect and how we handle it.
Collection and Use of Personal Data
Personal data is information that identifies you, such as your name, e-mail or postal addresses.
Personal data may for example be collected when you visit our websites, sign-up for services or participate in any marketing activities, in particular when you sign-up for a filestream.me account or when you store your data under a filestream.me account.
Any other transfer of your personal data requires your explicit prior consent. filestream.me guarantees that it will not sell or lease your personal data to a third party. We may, however, have to disclose information about you if we are required to do so by law or in response to enforceable governmental requests.
Use of Personal Data for Advertising or Marketing purposes
If you expressly agree to the use of your personal data for advertising or marketing purposes, your personal data will also be stored and continuously used for such purposes (e.g. for sending you e-mails). We may use your personal data to create and maintain a user profile to provide you with individualized advertising. We may also use the data provided by you for analyzing and improving the effectiveness of our website, services, advertising, marketing, market research, and sales efforts.
Withdrawal of consent
You may withdraw your consent to use your personal data completely or partly at any time with future effect. We will erase your data upon receipt of the withdrawal. Please send your withdrawal to us, preferably to one of the following addresses:
By e-mail – firstname.lastname@example.org
Right to Information
Upon request, we will promptly inform you which of your personal data, if any, was collected during your visits to our website or during the use of our services. Please direct all you queries preferably to one of the addresses stated above.
Most browsers automatically accept cookies. You can prevent cookies from being stored on your hard drive by setting your browser to not accept cookies. The exact instructions for this can be found in the manual for your browser. You can delete cookies already on your hard drive at any time. If you choose not to accept cookies, you can still visit our website, however this may result in a reduced availability of the services provided by our website.
We do not engage in collecting personal data of children. If we become aware that such data has been communicated to us without the children’s parents’ or other legal guardian’s consent, we will attempt to delete it without delay. In doing so, we shall be bound by corresponding instructions from you in your capacity as parents or legal guardians.
We have implemented technical and organizational measures to protect your data from loss, modification, theft or access by unauthorized third parties.
The data stored under a filestream.me account is secured with the help of drivers and daily back-ups. The information is stored on servers in a highly secure facility with 24 hours-a-day surveillance, EMP-security, fire protection, emergency power back-up systems, climate control and state of the art access controls. Vital hardware is robust providing you with high availability and protection from power outages, cable failures, and natural disasters.
Updates and Changes
Merger and Acquisition
As filestream.me is in a stage of expansion of its business, filestream.me may sell or buy subsidiaries or business units. Should such transactions take place as well as in the event filestream.me or substantially all or parts of its assets are acquired by a third party, personal information of filestream.me users will generally be one of the transferred business assets. We reserve the right to include your personal information as well as all the information on all filestream.me accounts in any such transfer to a third party.