Platform Terms and Description
Terms are updated at least once a year. Users must assume full responsibility for the actions taken with the service and it`s contents.
This is a self-service IT System that should be used reasonably - in accordance with generally accepted standards of conduct, ethics and reasonable limits. The system may not be used for malicious or unlawful purposes such as hatred, bullying, illegal distribution of copyright objects, unauthorized access to data or tampering with the System. Content can be removed immediately if it harasses someone, infringes copyrights or overloads the System.
The service is offered AS IS. There is no guarantee that there are no software errors, that files or the Service will be 100% available and are not subject to various possible risks, although systematic actions and monitoring are carried out to minimize these risks and ensure availability.
Users on the site can purchase or subscribe to paid services: storage, Pro/Business features or order digital/print products. Subscription fees take place for a period ahead and automatically recur until you manually terminate them in your account settings. All explanatory information is presented at the time directly before the purchase and sent via email as well. Payments are not refunded as you were provided an option to trial the service; services and features can be consumed immediately after payment; hardware resources are reserved; in the case of print products, the product is personalized and is made for your unconditional order.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://files.fm or https://failiem.lv website or other subdomains of these domains (the "Service") operated by Files.fm ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization.
Your Files and data
When you use our Service, you may upload and store various kinds of files or data („Your Files”). These terms does not give us any rights to Your Files, except limited rights, that is needed to run and provide the Service.
We need your permission to host, backup and share Your Files, when you ask us to. Our Service also provides you with features like photo and document previews, email communication, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Files. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Sharing Your Files
Our Service let you share Your Files with others, so you have to use it with a caution. You are not allowed to copy, upload, download or share content unless you have the right to do so.
On the Service, it is forbidden to carry out and submit, send or share the information (including photos, video and audio materials) that:
· infringes or violates the third parties` intellectual property (copyrights, etc.) rights;
· infringes personal dignity and respect;
· incite violence, racial hatred, or other illegal activities;
· is vulgar, libellous, or otherwise offensive;
· contains software viruses or designed to harm the computer or electronic communications software operation (security);
· is uncoordinated advertising, chain letters, spam, etc.;
· is of pornographic or excessively erotic nature or where video chat is advertised or work in video chat is offered;
· is information of any other kind that affects or could affect the operation and safety of the Portal;
· advertises financial services for which are not licensed according to the procedure of laws and regulations for providing financial services in the Republic of Latvia;
· advertises or promotes illegal race, income pyramid schemes, methods based on vendor recruitment;
· violates laws and regulations.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Service are not intended for and may not be used by people under the age of 13. By using our Service, you are representing to us that you are over 13.
Some of our Service allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Service, attempt to do so, or assist anyone in doing so.
The Service are protected by copyright, trademark, and other Latvia and foreign laws. These Terms do not grant you any right, title or interest in the Service, others’ content in the Service, Files.fm trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright and Takedown requests
We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. More information here: https://files.fm/content-review
Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account", „Pro account”, „Business account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
No Refunds. You may cancel your Paid Account at any time but you won’t be issued a refund unless it’s legally required, due to nature of the Service.
Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Service for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Service is provided "AS IS"
TO THE FULLEST EXTENT PERMITTED BY LAW, FILES.FM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILES.FM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILES.FM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF 10 EUR OR THE AMOUNTS PAID BY YOU TO FILES.FM FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION.
Governing Law and resolving of disputes
All disputes between Service and users shall be resolved through negotiations. We want to address your concerns without needing a formal legal case. Before filing a claim against Files.fm, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Files.fm may bring a formal proceeding. Then they shall be settled in a court of the Republic of Latvia in accordance with the Terms and laws and regulations of the Republic of Latvia.
These Terms constitute the entire agreement between you and Files.fm with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. And will post the most current version here. If a revision is material we will try to provide at least 15 days notice via email or posting a message on Service prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
2) File publishing and sales terms
1.2. The General Terms of Files.fm apply to all public catalog and store users:https://files.fm/terms
1.3. The Public File Catalog - File Store Creator (owner, author, maintainer, publisher) uses the Files.fm System to store, publish and distribute or sell digital content in the form of digital files (hereinafter - Files) to other Internet Users (hereinafter, consumers or Buyers).
1.4. File Store Creator can be any private or legal person (hereinafter - the User), who has created a Files.fm user account correctly and has filled in the required information, but Files.fm reserves the right to deny registration or disable user access to the System if Terms are violated or there is reasonable suspicion. As far as money transactions are concerned, the user may be asked to identify himself via additional "Know Your Customer" (KYC) procedures as we need to monitor and verify the legality of the transactions. In case of reasonable doubt or uncertainty, cash payments may be frozen until the doubts are eliminated.
1.5. File content types: photos, videos, audio materials, documents and other file types, that should be distributed and published in accordance with the Latvian and European Union laws and regulations.
1.6. By using the System and publishing Files, the Creator confirms the following:
1.6.1. The User has all the rights to publish and sell the Files.
1.6.2. The User has made all the necessary agreements with the persons who have or could have any kind of rights on the Files published by the User.
1.6.3. The User has made all the necessary agreements with the people who have or are likely to have any kind of co-authorship rights on the Files published by the User.
1.7. Files.fm is just an escrow mediator and file sales platform maintainer between User and Buyer.
1.8. File directories and Files can be accessed with a unique link that initially is not publicly available. The User can distribute this unique link at his/her own and sole discretion.
1.9. The User (Creator) has the technical capability to specifically select which directories/files are listed for public access in his/her public file catalog / file store, thereby confirming that User allows anyone to preview, download or purchase these Files and Files.fm service maintainers may promote or advertise this content.
1.10. These provisions are made in accordance with the Latvian laws and if any disputes occur, concerned parties should resolve it by negotiation, but if that is not possible, then in order prescribed by Latvian laws.
File pricing and File License (file usage rights)
2.1. The Seller (any valid user, creator, distributor) may set the price for every File he/she has stored on the System in compliance with the rules.
2.2. The minimum File price that can be specified by the seller is 1.00.
2.3. If Seller has specified a price for the File, then the Buyer has the right to purchase the File using one of the payment methods offered by the System. The Buyer has the right to use the File according to the License that is set by the Seller and displayed in the File description before and at the time of the transaction.
2.4. The User has to set up the License Terms (file usage rights) for the File or for the File directory at his/her own and sole discretion, entering the information along with price set up process.
2.5. The System supports the following integrated payment methods: credit cards, Swedbank/Banklink.
2.6. 0.29 payment processing fee is applicable to every transaction and is collected from the Buyer in addition to the price of the File. The payment fee is nonrefundable.
2.7. The System generates automatic email and invoice according to every transaction and sends it to the Buyer’s email address that is registered in the System. The email includes the date, when the Files are purchased, terms of the License, the amount paid. The Buyer is obliged to keep this email as a proof that the Files are purchased and used in compliance with the License Terms.
2.8. The Seller receives automatically generated email to the email address registered in the System, including information about the Buyer, purchased Files and purchased amount.
Payments to the Seller
3.1. All the deals and related funds received via File sales will be listed on the User account in the System, deducting a 10% (ten percent) fee for the use of the platform and Payment gateways. This information is available via section "File sales" to sellers under account settings.
3.2. The Seller has Access to the following information:
3.2.1. Information about all the transactions with the Files purchased from the User including transaction date, name of the Buyer, name of the purchased Files, License Terms, price, fees related to use of the System , transactions and other information.
3.2.2. Amount of accumulated funds from the File sales in EUR.
3.3. SELLER MUST COMPLETE FULL INFORMATION ABOUT THE BENEFICIARY (KYC): https://files.fm/my-sell-files/invoices
and has the right to request transfer of accumulated funds in EUR to European Economic Area IBAN bank account or send us a Paypal payment request. The Seller is responsible for accuracy of the beneficiary information. Additional initial KYC procedures may apply.
3.4. The seller is responsible for paying all taxes due to him depending on his jurisdiction, tax and VAT status and the location of the buyer.
3.5. The Seller has the right to request transfer of accumulated funds at his/her own and sole discretion, but not more often than once in 30 calendar days (for small payments) and not less than 10.00 EUR. Files.fm will transfer the accumulated funds on the specified account asap but during max 30 calendar days from the day Files.fm receives the User request for transfer, if the information about Seller is correct, complete and there is no need to carry out additional KYC checks.
3.6. If the beneficiary information is incorrect or incomplete, Files.fm notifies the Seller via e-mail to the Seller`s email address registered in the System or Payment request.
3.7. Files.fm has the right to withhold transfer of the accumulated funds until the moment Files.fm receives correct beneficiary information or is conducting a review.
3.8. The User agrees that Files.fm has the right to set-off mutual claims with prior notification sent on the User’s email address registered in the System.
Intellectual property rights
4.1. Files.fm is an intermediary in sales transactions between the User and the Buyer.
4.2. The User as the File publisher and the Buyer who receives the right to use the File in compliance with the License Terms take full responsibility for inviolability of the intellectual property rights.
4.3. Files.fm is not obliged to verify the intellectual property rights owners to the Files published in the System. Also Files.fm is not obliged to monitor inviolability of the intellectual property rights.
4.4. Any person, who has a claim against any File published in the System, can submit a reasoned application justifying own intellectual property rights to the File and ask to delete the File from the System. In order to do that a person has to fill in the application form, indicating the type "Complaints against the content": https://files.fm/contacts
4.5. Files.fm will check the application and delete the File from the System in case the application includes legally correct justification of the intellectual property rights to the File.
4.6. The User transfers the rights to use the File in compliance with the License Terms to the Buyer.
Public file catalog
5.1. The user can upload files to the Public files catalog, specifying the information required in the file upload form.
5.2. Files.fm can automatically publish files in the Public Files Catalog.
5.3. If you`d like your content to be removed from the Public file catalog, please fill out this form with the "Complains against the content" type: /contacts
File Store Platform integration into the User’s website
6.1. The User with Business account subscription can receive the System code to integrate the File Store into own website. In order to receive the code the User has to send request to email@example.com.
6.2. These Terms apply to the Users, Buyers and third parties, even if part of the System is integrated into the Users website.
3) Subscription payment terms and conditions
- By filling Subscription Form and clicking the “Subscribe” button you express full consent to these Terms and Conditions and authorize payment service provider to automatically charge your payment card for recurring delivery of services in agreed fixed amount and fixed date, stipulated in Subscription Form.
- You certify that you are an authorized user of payment card and that the information provided in Subscription Form is correct. You confirm that you will not dispute the scheduled payments with your payment card provider.
- After clicking the “Subscribe” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Subscribe” button you agree that you will not be eligible to cancel the payment or request to cancel it.
- If your automatic recurring payment is declined, you will receive notification email. The payment will be automatically retried after 1, 5, 10 and 20 days. If the retried payment will be unsuccessful, it’s amount will be added to the next recurring payment.
- You acknowledge that subscription payments will be made until you cancel the subscription and free up disk space. You can cancel the subscription in your account’s section “My Subscriptions” (https://files.fm/my-subscriptions). Password can be reset to your email.
- Upon individual request, you can pay for Business account, hosting or server rent using invoices. If you pay using invoices, to cancel your subscription you need to send a request to firstname.lastname@example.org 30 days before.
4) User public profiles and Files.fm Library
- Files.fm Library is a data catalog for providing access to information and preserving digital content. It works on the basis of Files.fm platform.
- Platform users or organizations can create public data catalogs (profiles) with the aim of giving access to content that can potentially be useful and interesting to people, as well as storing digital copies that will be accessible even after 50 years.
- The aim of the platform is to provide access to digital content in photo, video, audio, document and archive formats for educational, preservation or commercial purposes through technical means that are comprehensible and easy to use, respecting copyright terms and the public interest.