Terms and Conditions
KewlShare Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act, KewlShare Services are available to anyone over the age of 18. Accounts for business entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. Anyone using KewlShare Services must comply with the KewlShare Agreement and Privacy Policy. Anyone, including business entities, not in compliance may be removed and banned from the Services without prior notice. KewlShare reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of this Agreement and Privacy Policy shall survive any termination of your access to the Services.
Ownership
You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by KewlShare.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by KewlShare.com and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. KewlShare.com, the KewlShare.com logo and other KewlShare.com products referenced herein are trademarks of KewlShare.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Customer Information
Customer represents and warrants that the information it provides in KewlShare.com contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, KewlShare.com will have the right to suspend or terminate Customer's account and this Agreement.
Customer Data
Customer has sole responsibility and liability for the data its stores on KewlShare.com's servers. Customer controls its data through its generated link. KewlShare.com encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. KewlShare.com will delete Customer data upon termination of this Agreement.
Acceptable Use
You agree to not use KewlShare.com's Service to:
Upload:
No files with forbidden content, for example racist media and/or illegal copies of copyrighted material, child pornography etc. This list is not exclusive. You may not store any data with illegal contents on KewlShare and make copyrighted material contents publicly available, e.g. by disclosing the links in a forum or on any other website. At breach of the Upload rules, we are authorized to immediately delete files.
Download:
In order to use the infrastructure of KewlShare free of cost, you have to enter a letter combination for the retrieval of your file. You can download a certain amount of data per hour. If the volume is exceeded, a notice will appear. At breach of the conditions of use, the user might be permanently banned from the free service. Anyone writing a program with the aim to breach the conditions of use will be prosecuted and made liable for any damage caused. KewlShare reserves the right to block access that is being used by several customers at the same time.
Premium Accounts:
KewlShare keeps the legal right to close an account that is used by several people. It is a violation of terms to share an account. Premium Account members can download more data than users of the free service. That is they get unlimited upload and download status with added bandwidth advantages The current status of your Account and an overview of your activities in the last 30 days are displayed in the Premium Zone. If you have exceeded your limit, you can log out and download more data using the free service. Payments once made under premium account are not refundable and by accepting our Terms and Conditions you abide by this.
Misuse of System Resources
Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on KewlShare.com servers.
Other Activities
Whether lawful or unlawful, KewlShare.com reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Complaints about violators of our Policy should be sent via e-mail to abuse@ KewlShare.com, subject as 'Abuse'. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. KewlShare.com Services are provided on an "as is" and "as available" basis. KewlShare.com and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. KewlShare.com and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) KewlShare.com makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
Indemnity
You agree to defend, indemnify, and hold harmless KewlShare.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other KewlShare.com policies, terms and conditions.
Limitation of Liability
Your use of KewlShare.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that KewlShare.com shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications to Agreements, Policies or to our Services
We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on KewlShare.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. KewlShare.com has right to decrease the payout at any time without prior notice.
Relationship
Customer and KewlShare.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Assignment
Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.
Force Majeure
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond KewlShare.com's control.
Exceptions
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Additional Information
Any questions relating to our Legal Agreements and Policies may be directed to support@ KewlShare.com, subject as Legal.