Posted: October 10, 2014
Effective: October 15, 2014
Thanks for using UFILO!
If you are using our Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
You agree not to misuse our Services. For example, you must not, and must not attempt to interfere with our Services using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are in the process of investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
We may review content to determine whether or not it is illegal or is in violation of our policies, and we have the right to remove or refuse to display content that we have reason to believe violates our policies or the law. Having said this, we do not necessarily always review content, so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You have the ability to opt out of some of these communications.
Some of our Services may be available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws while driving or walking.
Your Account and Security
You will need a UFILO Account in order to use our Services, which you will be required to create right away. You may never use another user’s account without permission.
To protect your UFILO Account, keep your password confidential. You are responsible for the activity that happens on or through your UFILO Account, for safeguarding the password that you use to access the Services, and for any activities or actions under your password. You agree not to disclose your password to any third party. UFILO cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Try not to reuse your UFILO Account password on third-party applications. If you learn of any unauthorized use of your password or UFILO Account, immediately notify UFILO at email@example.com.
Some areas of the Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in regards to that content. In short, what belongs to you stays yours, but there are many activities that collaborators you share with can engage in when it comes to your content, for example, copy it, modify it or re-share it. UFILO has no responsibility for that activity. Please consider carefully what you choose to share.
You agree not to post content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any content that we believe, in our sole discretion, violates these provisions.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you agree and maintain the responsibility that you are 13 years of age or older.
UFILO Property, Copyright and Feedback
The Services are protected by copyright, trademark and other Canadian and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, UFILO trademarks, domain names, logos and other distinctive brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, UFILO AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain parameters that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER UFILO NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
WHEN PERMITTED BY LAW, UFILO, AND UFILO’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF UFILO, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $20 OR THE AMOUNTS PAID BY YOU TO UFILO FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, UFILO, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify these terms or any additional terms that apply to the Services to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for Services, you should discontinue your use of the Services.
These terms control the relationship between UFILO and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Ontario, Canada, will apply to any disputes that arise out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or provincial courts of Toronto, Ontario, Canada, and you and UFILO consent to personal jurisdiction in these courts.