2. Definitions'Content' means all the text, information, software, scripts, graphics, logos, photos, sounds, music, videos, interactive features and all other material on the Website, and the Trademarks and trade dress contained therein, excluding User Material;
'Intellectual Property' means copyright, database rights, trademarks, service marks, trade dress, moral rights, author's rights, and other intellectual property rights, design rights (whether registerable or otherwise) as may exist now or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof.
'FILExt' means the owner of the Website.
'User' or 'You' means any person accessing or making use of the Website;
'User Material' means all the text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features and all other material submitted, posted, supplied, uploaded, communicated, published or in any other manner made available by the User on the Website.
'Website' means the FILExt website located at http://filext.com/ .
3. Ownership3.1 FILExt is owned by FILExt Ltd, registered in Malta under Company Registration Number C32567 with its registered office at Orange Point, Dun Karm Street, B'Kara By-Pass, Birkirkara BKR 9037, Malta.
3.2 All Content (including its organization and presentation) is owned by FILExt or licensed from third parties and subject to copyright and other intellectual property rights. You may retrieve and display Content from this Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for Your own personal, non-commercial use. All other usage is precluded unless FILExt's prior written consent is obtained. All other trademarks that appear on this Website and are not owned by FILExt, and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FILExt.
4. User Conduct & User Material4.1 You represent and warrant that You are of sufficient legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree not to use the Website for any purpose that is unauthorized or unlawful and You acknowledge that Your failure to do so may subject You to civil and criminal liability. You further agree to abide by all applicable local, state, national and international laws and regulations.
4.2 You agree not to send, receive, upload, download, store, use, provide, distribute, publish or in any way make available any User Material that:
- is discriminatory on the basis of a person's sex, race, disability, age, sexual orientation, religion or belief;
- is hateful, harassing or abusive by intent or otherwise;
- is derogatory to any individual or group or causes any other person annoyance, inconvenience or worry;
- is defamatory, libellous or deceptive about any person, organization or product;
- is offensive, obscene, indecent, sexually explicit, pornographic, threatening or criminal;
- is in violation of the privacy of others or otherwise breaches any obligation of confidentiality by which You are bound;
- unfairly criticizes or misrepresents others;
- is reasonably considered to be of an inflammatory nature or constitutes discussion on politics, religion and religious matters;
- constitutes unsolicited, commercial or advertising material, pyramid schemes, chain letters or other junk mail of any kind;
- contains any viruses, Trojan horses, worms, scrapers, time bombs, cancelbots or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, modify, impede, surreptitiously intercept or expropriate any system, data or information or others' use of the Website;
- constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause FILExt to violate any applicable law or regulations; or
- is likely to create any liability (whether criminal or civil, and whether for You or FILExt).
4.3 You shall not pretend to be FILExt or any other entity or individual or misrepresent Your affiliation with another person or entity and You must not falsify the origin or source of the content or other material contained in Your User Material.
4.4 You may link to the Website provided that You comply with the following: i) You do not create a frame, browser or border around the content of the site ii) You do not misrepresent Your relationship with FILExt or imply that it is endorsing You or Your products or services iii) You do not link to a website that breaches any provisions of item 4.2 above; and iv) You agree that Local Cooling reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to FILExt's rights.
4.5 You will be solely responsible for Your own User Material and the consequences of submitting, posting, supplying, uploading, communicating, publishing or in any other manner make available such User Material on the Website. You acknowledge that You have no expectation of privacy or confidentiality with respect to Your User Material. You expressly warrant that You either own or have secured the necessary licenses, rights, consents and permissions to enable FILExt to include the User Material as part of the Website and in the manner contemplated by these TOU.
4.6 You may retrieve and display User Material from this Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for Your own personal, non-commercial use. All other usage is precluded unless FILExt's prior written consent is obtained.
4.7 By submitting, posting, supplying, uploading, communicating, publishing or in any other way make available any User Material You grant an irrevocable, worldwide license to FILExt to use, reproduce, modify, translate, transmit, distribute, sub-license, and/or create derivative works of such User Material in any media formats and through any media channels now existing or hereafter developed, for any purpose, including commercial uses. You will remain solely responsible for the User Material in accordance with this Clause.
4.8 User Material is not reviewed by FILExt before it appears on the Website and consequently FILExt does not guarantee the accuracy, usefulness, safety or intellectual property rights of any User Material. FILExt shall not be obliged to monitor or review the User Material that appears or is available on the Website, nevertheless publication of any User Material will be at the sole discretion of FILExt and FILExt may, in its discretion and without notice to You, edit, modify, refuse or remove any User Material, both prior as well as after publication.
4.9 ANY VIEWS EXPRESSED BY THIRD PARTIES DISPLAYED ON THE WEBSITE OR INCLUDED IN ANY USER MATERIAL, ARE THE VIEWS OF THOSE INDIVIDUALS, AND ARE NOT IMPLIED, ENDORSED, SUPPORTED, SANCTIONED OR ENCOURAGED BY FILExt OR ANY OF ITS ASSOCIATES. YOU UNDERSTAND THAT YOU WILL BE EXPOSED TO USER MATERIAL AND/OR STATEMENTS THAT MAY BE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE.
4.10 FILExt will not accept any responsibility or liability for any User Material and You agree to waive any right or remedy against FILExt regarding any User Material including without limitation the removal or amendment of such User Material.
5. Notice and take-down5.1 If You believe that Your rights, these TOU or any law or regulatory guideline have been infringed by any Content or User Material, or that the Website contains links or other references to another online location that contains material or activity that infringes Your rights, these TOU or any law or regulatory guideline as aforesaid, please contact FILExt by email. Once FILExt is made aware of any infringement or contravention, FILExt may, in good faith and in its sole discretion, amend or remove the relative Content, User Material or any link.
6. Further Action6.1 FILExt reserves the right at its discretion, but undertakes no duty, to restrict, suspend or terminate the access of account holders of the site which it considers to violate these TOU at any time in its sole discretion and without notice.
7.2 You are responsible to maintain the accuracy of any registration information You provide to FILExt. Multiple registrations are prohibited and are grounds for immediate deletion of the relative accounts. FILExt may also terminate Your access to the membership portions of the Website for inactivity, which is defined as failing to access the membership portions of the Website for a prolonged period of time, as reasonably determined by FILExt.
9. Disclaimer9.1 YOU UNDERSTAND AND AGREE THAT THIS WEBSITE, ITS CONTENT AND USER MATERIAL IS PROVIDED 'AS IS' AND 'AS AVAILABLE' AND THAT ANY USE OF THE WEBSITE, THE CONTENT AND/OR USER MATERIAL WILL BE AT YOUR OWN RISK. FILExt GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPLICIT, ABOUT THE WEBSITE, ITS CONTENT OR USER MATERIAL, NOR THAT ACCESS TO SUCH WEBSITE, CONTENT OR USER MATERIAL WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY OR SAFE IN ANY MANNER FOR DOWNLOAD AND/OR ANY OTHER USE. TO THE FULLEST EXTENT PERMITTED BY LAW, FILExt EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WEBSITE AND ITS CONTENT AND USER MATERIAL, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, USER MATERIAL, TITLE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE.
9.2 References to third party programs which may be included in this Website, are included by way of example and should not be construed as (i) implying that you can use only that third-party program; or (ii) recommending or endorsing such use or such third party program in any way. FILExt does not assume any responsibility nor shall it be held liable for reliance or any actions You may take based on the information given on this Website and FILExt strongly recommends that any information is verified before being relied upon in any way.
9.3 This Website may contain links to third party websites that are not owned or controlled by FILExt. FILExt has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or included in any banner or other advertising, and You agree that the purchase or use of any third party product or service is solely Your choice and at Your own risk. Access to any third party website from this Website is likewise Your choice and at Your own risk and FILExt shall assume no responsibility for the content, privacy policies, or practices of any such third party websites.
9.4 FILExt operates this Website from various locations and makes no representation that it is appropriate or available for use in all locations.
10. Limitation of Liability10.1 IN NO EVENT SHALL FILExt OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEBSITE, (II) FOR ANY FAILURE OR INTERRUPTION OF THE WEBSITE; WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF FILExt OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, FILExt'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Miscellaneous11.1 These TOU and all other guidelines, rules and policies incorporated by reference constitute the entire agreement between You and FILExt relating to their subject matter and cancel and supersede any prior agreements between You and FILExt in relation to the Website. You acknowledge that You have read these TOU, understand them and agree to be bound by them. By Your continued use of the Website, You affirm Your willingness to be bound by these terms so if You do not agree with any of the terms of these TOU including the afore-mentioned guidelines, rules and policies, You should exit the Website, delete or destroy all Content and User Material which You have in Your possession and refrain from accessing this Website in the future. You may also be subject to additional terms and conditions that may apply when You use FILExt or third-party products or services.
11.2 If any part of these TOU is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these TOU will not be affected.
11.3 These TOU are governed by the laws of Malta, and subject to the non-exclusive jurisdiction of the Maltese Courts. FILExt shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.
11.4 Rights and obligations under these TOU which by their nature are intended to survive termination, including without limitation the indemnification and limitation of liability provisions, will remain in full effect after termination or expiration of these TOU.
11.5 Any express waiver or failure to exercise promptly any right under these TOU shall not create a continuing waiver or any expectation of non-enforcement. Failure to comply to these TOU may lead to action being taken against You. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.