<<<>>> <> <> Thank you for choosing coldfiles! These Terms of Service ("Terms") cover your use and access to our services, extensions, and websites ("Services"). Our Privacy Policy explains how and what information we collect, while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you're using our Services for an organization, you are agreeing to these Terms on behalf of that organization. If you don't like these Terms, or don't wish to be bound, you cannot use our Services. We may revise these Terms at any time, for any reason, by providing at least 30 days prior notice of the change, via our website. Your continued use after that notice means that you agree to the changed Terms. <> When using our Services, you provide us with things like files, content, videos, etc ("Your Content"). Your Content is yours. These Terms give us limited rights that enable us to offer our Services. We need your permission to do things like hosting Your Content, backing it up, and sharing it. Our Services also provide you with features like file sharing and account management. These and other features may require our systems to access, store, and scan Your Content. By agreeing to these Terms, you agree to give us permission to do those things. We reserve the right to disclose data and other information as required by law or any competent authority. This is detailed in our Privacy Policy, which is subject to these Terms. Our Services may automatically delete a file you upload where it determines that the file may contain malicious content (malware, virus, spyware, etc). We may also delete files that are exact duplicates of existing files. You own, or undertake that you are authorised to use, any intellectual property in any data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our Services. You grant us a worldwide, royalty-free licence to use, store, back-up, copy, transmit, distribute, communicate, modify and otherwise make available, your data, solely for the purposes of enabling you and those you give access to, to use our Services and for any other purpose related to provision of our Services to you and them. You must maintain copies of Your Content stored by you on our Services. We do not make any guarantees that there will be no loss of data or the Services will be bug free. You should download all data prior to termination of Services. <> You are responsible for your conduct on our Services. Your Content and you must comply with our Acceptable Use Policy. Content may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. However, we have no obligation to do so. We are not responsible for the content people post and share via our Services. You may use our Services only as permitted by applicable law, including export control laws and regulations. You must be 16 years of age or older to use our services. Please check your local law for the age of digital consent. If you don't meet these age requirements, you may not use our Services. <> You may not, and will ensure that all users of your account will not: + do anything that would damage, disrupt or place an unreasonable burden on our website or Services or anyone else's use of our website; + infringe on others' intellectual property rights; + resell or otherwise supply our Services to anyone else; + register multiple accounts; + use our website and Services: + to store, use, download, upload, share, access, transmit, or otherwise make available, data in violation of any law in any country (including to breach copyright or other intellectual property rights held by us or anyone else); + to send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters); + to abuse, defame, threaten, stalk or harass anyone, or to harm them; + to upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network, device or computer system; + or, to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access. <> You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services with notice to you if you are in breach of these Terms, or your use of our Services are in a manner that would cause a real risk of harm or loss to us or others. We may also terminate or suspend our Services or any part of our Services, for any users, without notice, at any time, for any reason or no reason. We will provide you with reasonable advance notice via the email address associated with your account (if possible) to attempt to resolve the situation that prompted termination. We will give you reasonable opportunity to export Your Content from our Services. If after such notice, we are unable to resolve the situation, or you fail to take the steps we ask of you, we will terminate or suspend your access to our Services. We reserve the right not to provide notice before termination where: you are in flagrant breach of these Terms, doing so would cause us legal liability, or because we are prohibited from doing so by law. <> We may, at any point in time, decide to discontinue our Services in response to circumstances unforeseen beyond our control, or to comply with a legal requirement. In the event we are required to do so, and if we are legally and physically capable, we will give you reasonable prior notice, so you may retrieve Your Content from our Services. <> We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues. <<"As-is" Service>> We try to make coldfiles and our Services the best. That said, there are certain things we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, COLDFILES AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES. OUR SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so this may not apply to you. <> TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AND AGENTS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE OR OUR API, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE OR OUR API, OR OUR SERVICES, AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR PRODUCT LIABILITY, OR OTHERWISE. YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE Terms OR ANY POLICY REFERENCED IN THESE Terms. IF YOU ARE NOT SATISFIED WITH OUR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US. THIS SECTION DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. <> Any legal questions/complaints/claims regarding this Agreement are under Arizona law and jurisdiction. That said, let's try to work things out first. We would like to address your concerns without a formal legal proceeding. Before filing a claim against coldfiles, you agree to try to resolve the dispute informally by contacting bunchy7s@tuta.io. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or coldfiles may bring a formal proceeding. <> You and coldfiles agree to resolve all disputes and claims between us in individual binding arbitration. This includes without limitation any claims arising from this Agreement, any part of the relationship between you and us or your use of our Services and products. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine. "Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). By choosing arbitration you and we are giving up the right to have any dispute between us heard in court before a judge and/or jury. You and coldfiles agree that any claim arising out of or related to our Services must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. If either you or coldfiles wish to initiate Arbitration, send written notice to bunchy7s@tuta.io setting out the basis of the claim and the remedy sought. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Arizona, or any other location we agree to. These arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation. If you live in the USA, you and coldfiles agree not to bring any class action or similar collective legal action against each other. <> These Terms will be governed by Arizona law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local law of the consumer's country. This paragraph does not override those laws. <> These Terms constitute the entire agreement between you and coldfiles with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or Terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. <> coldfiles's failure to enforce a provision is not a waiver of its right to do so at a later time. If a provision in these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. coldfiles may assign its rights to any successor in interest of any business associated with our Services. <<<>>> <> Thanks for choosing coldfiles! In this section, we'll outline how we collect, use, and handle your information when you use our website and services ("our Services"). <> We collect and use the following information to provide, improve, and protect our Services: + Account Information - We collect, and associate with your account, the information you provide to us when you sign up for your account and set up two-factor authentication. This includes your username, email address, and IP address. + Your Content - At the time of upload, we collect and store the size of the file, when it was uploaded, and your IP address in addition to the file itself. This enables us to ensure accountability throughout uploads, and help resolve account issues, if the need arises. + Browsing/Device Information - We collect information from and about the devices you use to access our Services. This includes things like IP Addresses, the type of browser, and the webpage you are requesting. These are common statistics collected by most websites passively. + Cookies - We use cookies as an integral part of our website. It helps our server remember who you are. This is necessary to keep you logged in. You can set your browser to not accept cookies, but this may harm your ability to use our Services to the fullest extent. + Why we collect the above data - We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. <> We do not sell information gathered on coldfiles to advertisers or other third parties. + Law Enforcement - We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: comply with any applicable law, regulation, legal process, or appropriate government request; protect any person from death or serious bodily injury; prevent fraud or abuse of coldfiles or our users; or protect coldfiles's rights, property, safety, or interest. Since all of our sharing is integral to the functions of our Services, it is currently not possible to "opt out" of the sharing listed above. Your only remedy would be to not use our Services. <> coldfiles is dedicated to not only keeping your files safe, but also your information. We are constantly monitoring for external and internal threats to our operations. You can edit your personally identifiable information from your account settings page. When you register an account with us, we retain the information you offered for as long as you have an account with us. If you choose to terminate your service, we will delete your personally identifiable information after 30 days. However, we may retain this information if necessary to comply with legal obligations, resolve disputes, or enforce our agreements. <> Your information is stored on servers operated by coldfiles. Files you upload to coldfiles are available globally, publicly, until you delete them. <> In the event of a reorganization, merger, acquisition, or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event. We may revise this Privacy Policy from time to time, and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you. <> coldfiles currently does not acknowledge Do Not Track requests. <> Your rights may vary by location. However, for the most part, you have control over your personal information and how it is collected, used, and shared. In general, you have a right to: -Be Forgotten - Should you choose to be forgotten from coldfiles, you will need to send an email to bunchy7s@tuta.io from the email address registered with your account, certifying that you would like to be Forgotten from coldfiles. -Change or Correct - You can manage your personally identifiable information on coldfiles from your account settings page. -Access - You can view your personally identifiable information on coldfiles from your account settings page. You may also submit a request by emailing bunchy7s@tuta.io. If you have any questions, comments, or concerns, feel free to email us at bunchy7s@tuta.io <<<>>> We reserve the right, in our sole discretion, to make changes or updates to this AUP at any time. If any changes or updates are made, they will be published here. Your continued use of coldfiles after any such changes or updates constitutes your acceptance of these changes and updates. If you do not agree to abide by this AUP, do not use or access coldfiles. You are responsible for any and all content you upload, store, and share on coldfiles. You will not, nor will you permit or allow anyone else to misuse coldfiles services ("our Services"). For example, you agree not to even try to do any of the following in connection with our Services: + breach or otherwise circumvent any security or authentication measures; + access, tamper with, or use non-public areas or parts of our Services, or privileged areas of our Services you haven't been invited to; + interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or spamming any part of our Services; + create accounts, access, or search our Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk); + send unsolicited communications, promotions or advertisements, or spam; + send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; + promote or advertise products or services other than your own without appropriate authorization; + circumvent storage limits or space-saving algorithms; + sell or resell our Services, unless explicitly authorized to do so; + publish materials that contain extreme acts of violence or terrorist activity, including terror propaganda; + violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; + violate the privacy or infringe the rights of others. We reserve full right to use any and all methods of punitive action in the case of a violation of our AUP, including Termination, as outlined in our Terms of Service. <<<>>> coldfiles respects the intellectual property of others, and we expect the users of our service do the same. If you believe that your copyrighted content has been uploaded to coldfiles in a way that constitutes copyright infringement, and is hosted on coldfiles servers, you may contact us in accordance with the United States' Digital Millennium Copyright Act of 1998 (henceforth "DMCA"). To file an infringement notification, you must send written communication that includes the following (please consult professional legal counsel, we are not your lawyers): + A physical or electronic signature of a person authorised to act on behalf of the copyright owner. + Identification of the work claimed to have been infringed. + Identification of the material that is claimed to be infringing or to be the subject of infringing activity and which is requested to be removed or disabled, along information reasonably sufficient to enable us to locate the material. + Information reasonably sufficient to enable us to contact you, for example: email address, telephone number, and/or other contact details. + A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner, its agent, or the law. + A statement that the information in the notification is accurate, and under penalty of perjury under the DMCA, that you are authorised to act on behalf of the owner of an exclusive right which allegedly is infringed. Please send this notification via email to: bunchy7s@tuta.io In accordance with the DMCA, the content alleged to be infringing will be removed from public access as quickly as possible. coldfiles is not an arbitrator of what is legally infringing. Where possible, your DMCA claim may be forwarded to person allegedly uploading the infringing content. Under the DMCA, content distributors are provided legal right to submit a good-faith counter notification asking that the allegedly infringing content be released. coldfiles is required to republish the content after 14 days of counter notification, unless you bring legal action against the content uploader. To file a counter-infringement notice, you will be required to furnish the following: + Your name, address, and phone number + Identification of the material and its location before it was removed + A statement under penalty of perjury that the material was removed by mistake or misidentification + Your consent to accept service of process from the party who submitted the takedown notice. + Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.) + Your physical or electronic signature Section 512(f) of the DMCA creates legal liability for knowingly making false claims in a DMCA takedown notice or counter-notice. See 17 U.S.C. S 512(f). If your uploads are found to be recurringly infringing, coldfiles has a legal obligation to terminate your use of our service. Please take care.