service terms and conditions

myPhoneFiles.com web site (the "Service") is a service of myPhoneFiles LLC (the "Company" or "We"). and is subject to the terms and conditions, copyright notices, and trademark information described below.

Your use of the Service constitutes an agreement by you to abide by these terms, notices, and conditions.

Terms and conditions. The Service is provided on "as-is" basis. No warranties of any kind are here given nor implied. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk. You will not hold myPhoneFiles LLC. responsible for changes implemented by wireless carriers, including but not limited to change in network protocols, underlying network techonologies, or blocking access, which could affect the functioning of this site, of the software, or compatiblity of your handsets with the site or the software.

You agree that the content you upload in your personal space belongs to you and is for your personal use. You certify that you own and are responsible for any of the contents uploaded in your personal area and that you are not uploading and storing items that would infringe U.S. copyright laws. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale.

You agree to abide by all copyright notices and/or restrictions contained in this Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale.

Personal information. myPhoneFiles, LLC. will not redistribute or sell your information provided to myPhoneFiles, LLC. for the purposes of creating your personal space. You are responsible for compliance with your local laws, bylaws, policies, and etc. If required by legal authorities with appropriate documentation you understand that myPhoneFiles, LLC will provide any and all information regarding your personal space and use of the Service.

Limitation of Liability. myPhoneFiles, LLC., its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

Paid accounts. Users can cancel their accounts at any time, however, since we are not able to pro-rate, the account will remain active until the end of the paid cycle. There are no pro-rated refunds. This may change in the future. You may cancel your subscription at anytime. Once your subscription is cancelled your member access to the site will be revoked upon the expiration of the paid cycle. You agree that fees collected are non-refundable.

Public access. Each visitor is responsible for the content uploaded. Administrators of myPhoneFiles.com reserve right to either remove or relocate any content deemed 1) placed in the wrong category, 2) abusive or illegal.

Abuse. Any behavior deemed abusive includes, but is not limited to, frequent attempts to place content in the wrong directory, uploading materials of illegal nature, activities to undermine operations of the system, or activities to impede ability of others to use the services. It is sole responsibility of content posters to obey copyright laws. The IP addresses are being logged during upload operations. The remedies include but are not limited to 1) closing the abuser's account 2) blocking abuser's IP address to prevent further access.

You agree to indemnify and hold harmless myPhoneFiles, LLC., its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Amendments and Modifications. myPhoneFiles, LLC reserves the right to amend the information, services, and/or content of this Service at any time without prior notice. The information and materials contained in this Service, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. If you use this Service after we post changes to the terms, you agree to accept the changed terms. myPhoneFiles, LLC expressly reserves the right to monitor any and all use of this Service.

Unless otherwise specified, this Agreement constitutes the entire agreement between you and myPhoneFiles, LLC. with respect to the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and myPhoneFiles, LLC. with respect to the Service.

In the event any paragraph or portion of any paragraph of this Agreement shall be determined to be invalid or unenforceable for any reason, such invalidity of unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable paragraphs hereof, and shall be the invalid or unenforceable portion shall be deemed amended but only to the extent necessary to make such portion enforceable and compatible with the remaining terms of this Agreement, and if such portion cannot be so amended the Agreement will be construed as if such invalid or unenforceable paragraph or portion had not been inserted.

This Agreement shall be governed by and construed in accordance with the laws of the New Jersey. Each party hereto hereby consents to the submission of any dispute arising hereunder to the federal or state courts located within the state of New Jersey and submits to the jurisdiction of such court for the purpose of resolution of any claim hereunder.

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Copyright © 2001-2003 Maciej Gorny, myPhoneFiles LLC. All Rights Reserved.