First Floor, 85 Great Portland Street
W1W 7LT, London
Last Updated & Effective Date: 5th May 2021
A.2 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
A.4 SF reserves the right to change this Site and these terms and conditions at any time.
A.5 The Site is owned by SocialFire Limited
incorporated under the laws of England and Wales with company number 12491202
its registered office at 85 Great Portland Street, First Floor, London, England WIW 7LT
(hereinafter referred to as "SF", "FH","FileHost","FileHost.net", "We" or "Us").
B.1 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Site or the Services, shall be wholly to Your account and shall not be borne in any form by SF.
B.2 Where You access the Service against payment of a fee, You agree that You will be responsible for all such payments as well as any associated taxes. Where you chose to pay such fee through a credit card, bank transfer or other similar methodology, You warrant that You are authorised to use such payment services and that You will indemnify and hold harmless SF against any unauthorized use of such services by You.
B.4 The terms "You", "Your" or "User" is a reference to you the person using this Site for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Site.
C. The Service
C.1 This Site is a platform enabling Users and Registered Users to store Content on the cloud and to share such Content, either publically or privately. Registered Users are also eligible to receive per view or per download related payments from the Site ("Commissions"). The specifics relating to the quantum and nature of Commissions are updated on the Site from time to time.
C.3 The fee chargeable to Registered Users for availing the Services shall be updated on the Site from time to time ("Fee"). The Fee may be subject to various levels of Service availed by Registered Users subject to the quantum of storage required and other such variables. The updated Fee will be available on the Site. A limited version of the Service is free for Users.
C.4 It is hereby expressly clarified that any refunds towards Fee payments or other payments, as applicable, will be processed solely at SF's discretion. All refunds processed shall be credited solely to Your SF account unless you specifically request that these be credited to your bank account(s). We will take severe action against anyone seeking non-genuine and fraudulent charge-backs or refunds that violate this policy. Any purchase of Services which is subsequently subject to a refund or chargeback may result in the Registered User's account being immediately and permanently excluded from the Site and potentially losing any Content that you have uploaded or shared on the Site.
C.5 Any transfer charges, processing charges, transfer fees, transaction charges etc., by whatever name called, charged by banks or payment services shall be borne by the Registered Users, as applicable. SF shall be entitled to add such amounts towards transaction charges from any payments due from the Registered Users.
D.1 Use of the Site is available to all persons who are at least 18 years of age. Users may register for an account either directly with the Site or through their Facebook.com ("Facebook") or Google.com ("Google") accounts or such other third-party services as may be notified from time to time on the Site ("Account"). If you are a person under 18, you confirm that you are accessing and using the Site so via a parent or legal guardian.
D.2 If it is discovered at any point of time by SF that You are younger than 18 years of age and have incorrectly declared your age at the time of registration as 18 or older, SF reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.
D.3 Even other than in circumstances where You are found to have declared your age incorrectly, SF reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Site without providing You with any reasons or explanations.
D.4 You undertake that:
i. You will use your actual identity when registering on the Site. And that you shall produce government issued identification or such other documentation if required by Us for the verification of your identity and/or legal status at any time;
ii. The personal data that you have provided Us is true, accurate and complete; and
iii. You will update your personal data from time to time to ensure that it is accurate and complete.
Your failing to comply with any of the above provisions shall result in the termination of your membership solely at SF`s discretion.
D.5 Users shall have access to certain features of the Site only after registration.
D.6 Users understand that any transaction undertaken on the Site constitutes a binding contract.
D.7 Where Registered Users subscribe for periodic subscriptions, such as monthly or yearly storage solutions, such deductions shall be automatically made from your mode of payment on a fixed date every month or against such other cycle chosen by you. You may cancel the periodic payments at any time by turning off the 'auto-renew' feature or by contacting Us at [email protected] If You cancel your periodic payments you will continue to be permitted to view access Services until the end of the existing billing period, after which no further payments will be taken from your payment method and you will no longer be able to access the Content.
D.8 This requirement for eligibility will be subject to modification at the sole discretion of SF. The above is only indicative and not an exhaustive list of all criteria taken into consideration by SF. SF's decision to permit or refuse a person a Registered User Account shall be final and not subject to any kind of dispute or challenge.
D.9 Accounts may also be blocked by us where it is found that the Registered User has violated our terms of service or associated policies - in particular with respect to uploading and/or sharing inflammatory, racist, derogatory, discriminatory, sexually explicit or pornographic or child pornography content. In all such cases, Accounts will be placed under immediate suspension an explanation will be first sought from the Registered User ("Show Cause"). Where the Show Cause is found to be unsatisfactory this will lead to permanent account blocking and the inability to make any further withdrawals from the Registered User account in terms of Commissions or any other payments received. All accounts under such investigation shall be frozen on the date of discovery of the violation and shall only be unlocked when the investigation concludes and no violations are found to have been committed by that particular Registered User. All findings and decisions of SF shall be final, binding and un-appealable for all Registered Users. We shall also reserve the right to prosecute You under appropriate provisions of law.
D.10 You undertake to not hold Us responsible or liable for any reviews that may be written with regards to your Service by other Users on the Site. These reviews are an integral part of the Site process of ranking Content and are independently written by Users. SF is in no way involved in the process of ranking or rating and thus, cannot be held liable for any remarks that you may deem unflattering or harmful to your account or business. In case of genuine concern on your part that a review may be defamatory you may contact support with the specifics of your concern. The final decision with regards to whether the review may be retained or removed shall be SF's and this will be binding on You.
D.11 Registered Users looking to receive payments through the Site will be required to upload a valid form of ID and additional legal information, such as a W-9 (if you are resident in the United States of America) or other relevant tax forms as applicable in your country of residence. Amounts due to you as a Registered User from SF will be paid to you via the payment options available on Site.
D.12 Registered Users undertake not to use any third party payment processors to accept payments for subscriptions, or any other Service. All payments must be processed through SF. A breach of this term shall constitute an incurable and material breach of these Terms and may lead to the termination and freezing of your account and any funds held therein.
D.13 Registered Users agree to make experiences and events listed on the Site to be available only through the Site and via no other means. A violation of this term shall constitute a material breach of these terms.
D.14 Users agree to indemnify and hold harmless SF against any action that may result from a violation of local law in their jurisdiction.
E. No Offer or Advice
E.1 The information contained on this Site or provided for by Users is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, Service or product or to provide any recommendations on which Users on this Site should rely for financial, securities, investment or other advice or to take any decision based on such information. Users on this Site are encouraged to seek individual advice from their legal, financial, personal and other advisers before making any investment or financial decisions.
F. Accuracy of Information
F.1 Although SF has taken reasonable care that the information contained on this Site or delivered to you by e-mail, if any, is accurate at the time of publication, such information is provided "as is" for only informational purposes as of the date of publication, and no representation or warranty (including liability towards third parties), expressed or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by SF or its affiliates.
G.1 Users and Registered Users are prohibited from engaging in any of the following:
1. Committing, aiding, perpetuating a criminal offense, send or spread trojan, virus, worm or any technologically dangerous and heinous materials or substance on this Site.
2. Engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this Site.
3. Corrupt data, hack into any aspect of the service or cause a provocation on other Site Users.
4. Sending spam (i.e. unsolicited advertising or promotional materials) or a plot to disrupt the performance of the computer facilities of or accessed through this Site.
5. Uploading obscene and corrupt content like pornography or child pornography.
6. Wrong use of the Site in any way that may occasion or cause harm to the Site or contrary to the stipulated applicable laws and regulations.
G.2 Users and Registered Users further undertake to not upload, display, upload, modify, publish, transmit, update or share any information, Content which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing anyone;
(c) is patently offensive, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person for any reason whatsoever or uses abusive or offensive language or gestures;
(e) is abusive, threatening, obscene, defamatory or libellous;
(f) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
(g) violates or promotes the violation of a third-persons intellectual property rights;
(h) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) tries to gain unauthorized access or exceeds the scope of authorized access to the Site;
(k) solicits gambling or engages in any gambling activity which SF in its sole discretion, believes is or could be construed as being illegal;
(l) interferes with another User's use and enjoyment of the Site or any other individual's User and enjoyment of similar Services;
(n) harms minors in any way;
(o) violates any law for the time being in force;
(p) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(q) impersonates another person; and
(r) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
H. Access to Site, Accuracy and Termination
H.1 SF reserves the right, in its sole discretion, to withdraw access to or modify any of the information, tools, content or Services provided in connection with the Site at any time without providing notice to you.
H.2 Although SF makes every attempt to provide accurate and timely content, SF does not guarantee or ensure the accuracy, completeness, currency or authenticity of any content or functionality, or transmission of any content from the Site to you. Furthermore, you are solely responsible for making sure that you are receiving up-to-date content from the Site.
H.3 For sharing of Content by users inter-se or on third-party Sites or platforms, all such content shall be governed strictly by the following creative commons licence regime - http://creativecommons.org/licenses/by-nc-nd/3.0/.
H.4 You agree that SF, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason or without assigning any reason, including, without limitation, for lack of use or if SF believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. SF may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that SF may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SF will not be liable to you or any third party for any termination of your access to the Service. Where appropriate, SF may also prosecute you or seek your prosecution in cooperation with local law enforcement for violations of applicable law.
I. Intellectual Property
I.2 You agree not to engage in the use, copying, or distribution of any of our content unless you are expressly permitted to do so by a written agreement with Us. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site. You agree not to copy, publish, retransmit, broadcast, disseminate, distribute, commercially exploit, sell, modify, decompile, reverse engineer, disassemble or create derivative works from the content. All product, brand and company names and logos used on our Site are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Site, whether or not owned and/or operated by SF (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SF and may not be copied, imitated or used, in whole or in part, without Our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
I.3 By publishing Content for public access on the Site, Registered Users authorize other Users to access and view your Content for their own lawful and personal use. You also represent, warrant and undertake that for each submission of your Content:
i. You own, have a valid licence to, or otherwise control all rights in and to your Content;
ii. to the extent your Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content;
iii. You will not post any content depicting any person under 18-years old without the appropriate permissions and/or releases obtained from their parents/guardians;
iv. you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older;
v. Your Content is non-confidential;
vi. You grant Us and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material;
viii. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness;
ix. You shall indemnify Us and Our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your Content;
x. We are not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other user of the Site.
xi. Upon signing up to the Site, you also agree to act as custodian of records for the content that you upload to the Site; and
xii. Any questions regarding Content can be addressed by emailing [email protected]
I.4 You give SF an automatic non-exclusive, non-transferable right over all public Content that you upload, provide, transfer or otherwise make available ("Post") on the Site. Such rights given to SF does not include the ownership of the Content, which remains vested in the author or the appropriate copyright holder, however, they include an unrestricted, perpetual, irrevocable, non-exclusive, fully paid and royalty free licence with the right to unrestrictedly sub-licence, to use copy, perform, display, distribute, derive works from and distribute Content in any and all media, whether known or unknown, throughout the world. You shall not be liable to receive any payment or compensation from Us for Content posted on the Site, unless provided otherwise herein.
I.5 You also understand that all video and audio Content uploaded or shared on the Site by Users will be recorded and stored on our servers for the purposes of archiving and for license use by SF. You expressly consent to such recording and release SF from all liability related to the recording and use of such public Content for promotions and marketing.
J. International Access, Applicable Law and Jurisdiction
J.1 The terms herein are to be construed and interpreted in accordance with the laws of England and Wales with the courts in London exercising exclusive jurisdiction for all disputes.
J.2 This Site may be accessed from countries other than the United Kingdom. If you access and use this Site outside the United Kingdom, unless specified otherwise, you are responsible for complying with your local laws and regulations.
K. Limitations of Liability
To the maximum extent permitted by applicable law and regulatory requirements, SF specifically disclaims any liability for errors, inaccuracies or omissions on this Site and for any loss (whether direct or indirect) or damage resulting from its use, whether caused by negligence or otherwise. Users who choose to access this Site do so on their own initiative and agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information contained on this Site. Users are responsible for compliance with all local laws and regulations.
L. Express Disclaimers
L.1 SF does not make any warranty regarding the truthfulness or veracity of any public Content on the Site or of any claims of quality or workmanship by any third-party. SF expressly disclaims that the views expressed by Users on the Site are their own and SF does not endorse the same merely because they are posted on the Site. Further, SF shall in not be liable for any false, libellous or mala fide views expressed in the Content on the Site, whether public or private. In the case of such Content that is malicious, false, inflammatory, libellous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of SF's policies, affected parties are advised to contact our service team at [email protected] with the details of such violation to enable us to take appropriate action.
L.2 We are further not responsible for:
i. any incorrect or inaccurate public Content (including any information in User profiles) posted on the Site, whether caused by Users or by any of the equipment or programming associated with or utilized in the Site.
ii. the conduct, whether online or offline, of any User.
iii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
iv. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Site.
v. any loss or damage, including personal injury or death, resulting from use of the Site or from any Content posted on the Site or transmitted to Users, or any interactions between Users whether online or offline.
L.3 The Site and Service are provided on an "As-Is" basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Site and Service will meet Your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Site will be accurate or reliable.
M. Third Party Channels
M.1 Our software application may be made available through the Apple App Store, the Google Play Store or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
M.2 With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply: SF and you acknowledge that these Terms of Service are concluded between SF and you only, and not with Apple Inc. ("Apple"), and that as between SF and Apple, SF, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
a. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
b. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
c. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
d. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be SF's sole responsibility, to the extent it cannot be disclaimed under applicable law.
e. SF and you acknowledge that SF, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between SF and Apple, SF, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
g. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to SF as follows: email to [email protected]
M.3 SF and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
N. No Discrimination
SF does not discriminate and welcomes all Users.
O. Transmissions To and From this Site
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure or confidential. SF makes no representation whatsoever concerning the security or confidentiality of your electronic communications and specifically makes no representation that any electronic communications transmitted to these will be received by SF. Any such communications, including any ideas, concepts, know-how, or techniques contained therein, may be used by Us for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You hereby waive all rights to any claim against SF for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with electronic communications you transmit to the Site.
All notices directed to SF must be sent to the contact details on this site. We may give notice to you at the email you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the Service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
SF may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.
U. Third-Party Intellectual Property, Defamatory Content and DMCA
U.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent thereby complying with the provisions of the Digital Millennium Copyright Act (DMCA) as well as locally applicable copyright and trademark laws. If you believe that your intellectual property rights are being used on the Site in a way that constitutes an intellectual property infringement, please provide us the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(vi) a statement by you in a sworn affidavit - please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law - that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
U.2 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
U.3 Contact information for notice of claims of intellectual property infringement is as below: [email protected]
U.4 If you find any Content or User Content shared on our Site to be defamatory, abusive, derogatory, offensive or in any other manner violating our terms or applicable law, please send us an email with a brief description of the offending material to [email protected]
U.5 We may terminate your membership to the Site and freeze the contents of your account as per our discretion, with or without prior notice, with or without providing cause, in case of any violations of the terms contained herein, in particular intellectual property and content violations.