Terms and Conditions of Use
Please read the present Conditions of Use of the Service (hereinafter "Terms and Conditions of Use") carefully before using FilesLost online services (hereinafter "the Services"). By accepting these conditions, you are agreeing to become the licensee and expressing your complete acceptance of all the terms of the Conditions of Use. If you do not accept these terms, do not use the Services nor install the software needed to use them. Similarly, use of the Services implies your acceptance to be bound by the terms of the Conditions of Use.
These Conditions of Use regulate the relationship established between the FilesLost.com service provider (hereinafter The Service Provider) and yourself with respect to the provision of the Services.
Use of any of the Services is subject to the present Conditions of Use and implies full acceptance of each and every one of the legal conditions published by the service provider at the time that you use the Services.
Similarly, use of any of the online file recovery services implies acceptance by the licensee of the present Terms and Conditions of Use of the website, and Privacy Statement (hereinafter the "Privacy Statement") available at the URL http://www.fileslost.com/ps.html.
The characteristics of the Services may undergo changes or technical improvements.
Similarly, the service provider reserves the right to modify the present Terms and Conditions of Use without prior notice.
1.- PURPOSE.- The present Conditions of Use will regulate the provision of the Services, as well as the conditions under which you may use these Services.
The service provider grants you the non-exclusive and non-transferable right to use the service, as well as the software and acservice providering documentation, solely for the purpose of scanning, detecting, and where applicable, recovering files, under the terms and conditions set out in the present document.
2.- INTELLECTUAL PROPERTY.- The Services, as well as any corresponding applications, documentation and/or information, are the exclusive property of the service provider or its software suppliers. The service provider or its software suppliers own all intellectual property rights and copyrights pertaining to the programs, applications, documentation or any other work related to the Services.
The Services, applications, documentation and/or corresponding information are protected by copyright laws, patents and international copyright treaties, in addition to the dispositions of laws and treaties applicable to the protection of intellectual property rights.
The service provider authorizes the use of its applications in comparative reviews provided that these are objective and carried out in good faith and in accordance with accepted or customary industry practices. These reviews may only be carried out using the latest versions concerned.
The service provider may use some third party free software, i.e. software regulated by the GNU GPL. A copy of the GPL can be found at http://www.gnu.org/licenses/. For software licensed under the GNU GPL, the GNU GPL applies and the service provider is committed to respect it. In case of contradiction, and for these third party software, the GPL takes precedance over the present Terms and Conditions of use.
3.-REPORTS.- You may give the service provider any information about the functioning of the Services and report problems and improvements that you may consider necessary. These reports may be used by the service provider for any purpose, without your consent and without any obligation, financial or otherwise, on the part of the service provider to you, for purposes including but not limited to (i) publication, (ii) filing, (iii) development, marketing and manufacture of products, applications, and services.
You may not send the service provider, through whatever channel, content or information that is illegal, intimidating, defamatory, slanderous, offensive, obscene, pornographic or of any other nature that could give rise to civil or criminal liability.
4.- DATA COLLECTION AND PROCESSING.- The service provider informs you that in certain products and/or services, it may use data collection technology to collect technical information to improve the products, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. You accept that the service provider may use such information as part of the Services provided. The user acknowledges and accepts that the service provider may provide updates or additions to the software which automatically download to his/her computer.
Similarly, for the purpose of the provision of the Services, you may have to give the service provider certain personal data. The service provider informs you that it will treat such personal data in accordance with current applicable legislation and as established in its Privacy Statement. You may access this Privacy Statement at the following address: http://www.fileslost.com/ps.html.
Similarly, the Services use Google Analytics, an analytical Web service provided by Google, Inc., with registered offices at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA ("hereinafter Google"). Google Analytics uses cookies, which are text files installed on your computer to help the Services analyze the use that you make of the Services. The information generated by the cookies about your use of the Services (including your IP address) will be directly transmitted to and filed by Google in servers in the United States. Google will use this information on our behalf in order to monitor your use of the Services with the aim of continually improving usability of the application, compiling service activity reports and offering other services related with the activity of the Services and use of the Internet. Google may transmit this information to third parties when so required by legislation, or when third parties process information on behalf of Google. Google will not associate your IP address with any other data that it has.
You may reject the processing of data or information by rejecting the cookies, using the corresponding configuration in your Internet browser, however, this may affect the full functionality of the Services. By using the Services you are giving your consent to the processing of information about yourself by Google in the way and for the purposes described above.
5.- USE OF THE SERVICES.- You undertake to use the Services at all times correctly and diligently, in accordance with law and accepted moral standards, and refrain from using the Services for illegal purposes or purposes expressly prohibited by these Conditions of Use or the Legal Notice or purposes whose effects may infringe upon the rights or interests of third-parties. You undertake to refrain from using the Services for any purpose that could damage, overload, harm or impede the normal functioning of the computers or services of other users, or that could similarly affect their documents, files or any type of content stored on their computers, or that could prevent the normal use of said services, computers, documents, files, or content by third parties.
6.- WARRANTY.- You recognize and accept that the Services are of an experimental nature and are not a commercial product and their functionality is not guaranteed.
The service provider will not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the Services, either directly or indirectly, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the Services.
These Services, as well as any software, documentation or other acservice providering material, are provided as is, and no claims will be accepted concerning failure to fulfill presumed functions.
The service provider does not guarantee that the Services are error free, nor that they will function without interruption.
You are responsible for the use of the Services by others. You accept responsibility for any losses and/or damages and costs arising from any incompatibility between the Services and any third-party software that you may have installed on your computer as well as any other problems that may arise due to the interaction between the Services and any programs you have installed, or for code strings that coincide.
The service provider cannot control how you use the information you acquire through these Services and will therefore not be held responsible for damages, whether direct or indirect, which could be the consequence of or arise from the use of said information by yourself or third parties other than the service provider.
THE SERVICES CAN NOT DO MIRACLES. TOTAL OR PARTIAL AND EVEN RECOVERY ARE NOT GUARANTED AT ALL.
You know and accept, under your own responsibility, that due to the treatment of free space by your operating system, it is possible that the recovery process could produce unforeseen changes to the recovered files. The Services may also not be able to recover the files you are looking for at all.
You declare and guarantee that any information you provide to the service provider in order to use the Services is true, correct and current. You also declare that you are legally entitled to execute the present contract, and to carry out the corresponding actions that may be required.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE SERVICE PROVIDER'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, THE SERVICE PROVIDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE PROVIDER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THE SERVICE PROVIDER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO OVERALL PROVISION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE PROVIDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THE SERVICE PROVIDER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE THE SERVICE PROVIDER WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON THE SERVICE PROVIDER'S LIABILITY TO YOU DESCRIBED HERE ABOVE SHALL APPLY WHETHER OR NOT THE SERVICE PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7.- HIGH RISK ENVIRONMENTS.- These Services have not been designed for and are not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. The service provider specifically disclaims any express or implicit guarantee of the Services' suitability for these types of activities.
8.- OTHER RESTRICTIONS.- These Services are available via the Internet. These Services may only be used on your own computer(s). You agree not to lend, rent, lease, give away, donate or transfer the Services in any way.
You may not transfer the rights granted by means of these Conditions of Use. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially any programs and/or applications related to the Services unless such activity is expressly permitted by applicable legislation.
9.- CONFIDENTIALITY.- You recognize that the Services, documentation and/or any other information or material provided by the service provider are confidential information belonging to the service provider and must be treated as such. Given the experimental nature of the Services, you agree not to reveal to third parties any information regarding these Services, documentation and/or any other information or material provided by the service provider, without written permission from the service provider. You agree to establish with those employees with access to the Services, documentation and/or any other information or material provided by the service provider, the warnings and documentation necessary to ensure that the confidentiality requirements are met.
10.- JURISDICTION.- The present agreement is governed by Thai law and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Phuket Courts of Justice. In the event of doubts and/or discrepancies with respect to the interpretation and/or effects of the present agreement, the only competent authorities will be the courts of Phuket. Both parties expressly renounce any other jurisdiction that may correspond to them.
11.- GENERAL- The user authorizes the service provider personnel to visit him/her in order to verify that the conditions of this license are met.
The user knows and accepts that the service provider may take legal proceedings should the user not adhere to this agreement. The service provider reserves the right to terminate the present Conditions of Use automatically without prior notice should the user fail to comply with any of the terms and conditions of the present agreement.
If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void.
The service provider expressly reserves all other rights it may have and that are not herein granted to the user.
FilesLost.com
81/1 M.2
Maikao Thalang
Phuket 83110
Thailand