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Learn more. Agree to "terms and conditions" before downloading a file Ask Question. Asked 6 years, 10 months ago. Active 6 years, 10 months ago. Viewed times. What is this called? Improve this question. Add a comment. Upon request by Files.

These indemnity obligations shall include any and all users on your account, with whom you will be jointly and severally liable. Before filing a claim against Files.

If a dispute is not resolved within 30 days of submission, you or Files. Any dispute arising under these Terms of Service that is not resolved informally as outlined above, will be subject to binding arbitration by a single arbitrator with the American Arbitration Association AAA , in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the United States and the State of Nevada.

The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you and we agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.

If any portion of this paragraph is found to be void or unenforceable as to a particular claim, then that claim and only that claim shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in Nevada state court. In the event that you are able to sufficiently demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Files.

Any cause of action or claim you may have with respect to the Site or Service must be commenced within one 1 year after the claim or cause of action arises or it will be barred forever. Notwithstanding the other provisions in this section, if we have a reasonable basis to believe that you have in any manner violated or threatened to violate any of our intellectual property rights, we may bring suit in any state or federal court in the state of Nevada, rather than through arbitration.

In such instances, you agree that you will submit to the jurisdiction of the state and federal courts in the state of Nevada. Similarly, Files. This document represents the entire agreement between the parties as it relates to your use of the Site or Service. Notwithstanding the foregoing, to the extent any provision of this Terms of Service conflicts with another mutually executed document governing your use of the Service - such as a Business Associate Agreement or Data Processing Addendum - then such other documents shall control.

We care deeply about your privacy and the security of your data and will act in accordance with our Privacy Policy. Please read it to understand how you are protected. Our Security Technology document details exactly how we store and transfer data, and will prevail in the event of a conflict with other information presented on this site. Please read it to understand our security practices and be sure to take the recommended actions for maximum security if this is required by your business.

Any security key or other harware "Hardware" purchased or received from us is provided as-is without representations or waranties of any kind, and you accept any and all risks, damages, or losses arising from or relating to the use or misuse of such Hardware.

All waivers, disclaimers, limitations, and other terms and conditions contained in this Terms of Service apply to any such Hardware. If any provision of this Terms of Service is found to be invalid by any court or tribunal having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect.

No waiver of any part of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Nothing in this Terms of Service shall be deemed to confer any third party rights or benefits.

We may use the name and marks of your company and screenshots from your website in the advertising, marketing, and promotion of Files. Any change s to this Terms of Service will take effect thirty 30 days after such changes have been posted. Your continued use of the Service following such changes will indicate your acceptance of those changes.

This document was last updated according to the date at the top of this page. Questions regarding these Terms of Service should be sent by e-mail to us using our online contact form.

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Customer Stories. Common examples include setting age restrictions and banning fake user profiles. The terms of use of an application program interface API serve as an agreement between the API owner and the developer. Now that you have the terms of use template and know which clauses are essential for your site or app, fine-tune your terms by studying how industry giants such as Instagram and Craigslist write key sections in theirs.

The user owns the content, but Instagram has a license to use the content in any way it deems fit:. If you host user-generated content UGC , like Instagram does, you should consider adopting such a licensing policy.

Sites that carry large amounts of content generated by users, such as Craigslist, run the risk of accidentally carrying harmful, fraudulent, or misleading content. If your website contains UGC, a disclaimer of liability is essential to keep you from getting sued, should the content be misleading. These clauses are good to adopt if you run a subscription service.

Interestingly, Netflix has a clause that precludes class-action lawsuits:. If you have a large user base, including a class-action waiver in your terms is in your best interest.

Annoyed when Google Maps leads you astray? Such a clause is ideal for you if your website or app provides a service whose accuracy or quality level is dependent on factors beyond your control or the scope of your technology. Although terms of use are legal and enforceable documents, almost nobody reads them. Some sites break the monotony of terms of use by using humor. Do you take more than two flights each year? Well, your rich, polluting self will need to pay up to use this otherwise free software:.