Rules

Terms and Conditions

Thank you for visiting the DwnShare website located at www.Dwn.So (the "Site"). The Site is an Internet property of DwnShare Ltd.

1. Scope of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and DwnShare with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. DwnShare may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Services following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check the Site for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that DwnShare is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.

2. Modification of Agreement.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that DwnShare is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.

3. Requirements.
The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under any applicable law.

4. Registration.

DwnShare reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Free Services may include, without limitation: (a) your e-mail address; (b) only where you request Facebook® Connection Services, your Facebook® (as defined below) account ID; and (c) any other information requested by us on the Application (collectively, "Free Services Registration Data"). The information that you must supply on the Site in order to obtain Premium Services may include, without limitation: (i) your e-mail address; (ii) only where you request Facebook® Connection Services, your Facebook® account ID; (iii) your credit card information or PayPal® (as defined below) information (depending on your preferred means of payment); and (iv) any other information requested by us on the Application (collectively, "Premium Services Registration Data" and, together with the Free Services Registration Data, the "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. DwnShare will verify and approve all Applications in accordance with its standard verification procedures.
For purposes of the Agreement, "Facebook" shall mean Facebook Inc. Please be advised that DwnShare is not in any way affiliated with Facebook, and the Site and Services are neither endorsed, nor sponsored, by Facebook. Facebook® is a registered trademark of Facebook Inc.
For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that DwnShare is not in any way affiliated with PayPal, and the Site and Services are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc.
If DwnShare approves your Application to become a Free Member or Premium Member, you can set up your account ("Services Account") by selecting your: (A) user name; and (B) password. You can access your Services Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, user name and password including, without limitation, any and all purchases made therethrough.

5. Rejection/Termination.
DwnShare may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where DwnShare believes that you are in any way in breach of the Agreement; and (b) where DwnShare believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.

6. Description of Services.
Site users that possess the requisite technology shall have the opportunity to: (a) utilize the "Basic Services" in order to: (i) upload small size content files ("Member Content") at regular speeds to the Site; (ii) via the Site's functionality, generate a Uniform Resource Locator ("Member Content URL") through which such Member Content will be accessible to that Basic Member and any third party with which the Basic Member shares the Member Content URL; and (iii) utilize limited storage capacity for Member Content; (b) upon submitting an Application and receiving DwnShare's™ approval, utilize the "Free Services" in order to: (i) upload larger Member Content files to the Site, as well as third party websites where the Member has authorization and access ("Third Party Sites"), at faster speeds; (ii) via the Site's functionality, generate transferable Member Content URLs; (iii) utilize expanded storage capacity for Member Content; (iv) use the Site's "File Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Content files and Member Content URLs; and (v) upon such Free Member's request, distribute the Member Content URLs through such Free Member's Facebook account ("Facebook Connect Services"); and (c) upon submitting an Application and receiving DwnShare's™ approval, utilize the "Premium Services" for a fee in order to: (i) upload the largest Member Content files permissible to the Site at the fastest speeds available; (ii) via the Site's functionality, generate transferable Member Content URLs; (iii) utilize the maximum storage capacity for Member Content; (iv) use the Site's File Manager functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Content files and Member Content URLs; and (v) upon such Free Member's request, distribute the Member Content URLs through the Facebook Connect Services. Items (a) through (c) in the preceding sentence, including the Facebook Connect Services and File Manager features, shall be referred to herein collectively as the "Services." The various Services are more fully described below.
DwnShare will not be liable in any respect for lost, stolen or misdirected Member Content, for any failure to secure or protect Member Content and/or for failure use the File Manager features properly. You should keep copies of all Member Content submitted to the Site. You understand and agree that DwnShare is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the File Manager features.

 

7. Member Content.
The files saved with DwnShare are treated confidentially. DwnShare does not provide any search function, with which DwnShare’s infrastructure can be searched. DwnShare does not scan or open the files of its users. The files are not catalogued nor listed in tables of contents by DwnShare. Only the owner of the account has the possibility to allow the access to his files.

As a Member, you agree that you are solely responsible for the Member Content uploaded by you to the Site, and for any and all subsequent uses of the Member Content URLs. If you post Member Content, you represent and warrant that you have all necessary ownership or other rights in and to the Member Content enabling you to upload it on the Site, generate a Member Content URL and display the Member Content URL and associated Member Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Member Content and Member Content URLs (collectively, "Content"), and your performance under the Agreement, you agree not to:
(a) display any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable;
(b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party;
(c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person;
(d) display any audio files, text, photographs, videos or other images containing confidential information without prior authorization;
(e) display any audio files, text, photographs, videos or other images that may be deemed obscene in your community, as defined under applicable law;
(f) express or imply that any statements you make are endorsed by DwnShare, without our specific prior written consent;
(g) harvest or collect personal information about end-users or other third parties, without their express consent;
(h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or related content;
(i) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same;
(j) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
(l) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization;
(m) display any Content that could be considered exploitative of children in any way, whatsoever; and/or
(n) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same;
(o) Upload or share files of pornographic nature.

Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of DwnShare. DwnShare reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, DwnShare reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.

8. Reviewing of Content.
DwnShare or its staff do not actively review content that is uploaded to the servers except for the following:
(a) Uploaded files are automatically checked against a list of keywords that are deemed prohibited. Files that match these keywords are disabled until they can be reviewed by a member of our staff. If they are confirmed to be prohibited, they are permanently removed. In case of child abuse related content, law enforcement is contacted in accordance to our terms mentioned in the previous section.
(b) We receive a DMCA notice from a copyright holder. We investigate the validity of the claim, and if infringing content has been indeed found, it is removed from our servers. Repeat offenders have their account terminated.

9. 3rd Party Indexing Sites.
DwnShare does not endorse any of the link indexing sites that may exist with a sole purpose of indexing DwnShare links to prohibited content. We periodically scan sites that are either reported or found, with proprietary software and remove any prohibited content that we encounter from our servers. Repeat offender accounts are terminated.

10. Non-Endorsement/Neutral Party.
Notwithstanding the foregoing, DwnShare undertakes no responsibility to monitor or otherwise police the Content made available by Members. DwnShare operates the Site and Services as a neutral party, and DwnShare does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by DwnShare of that Member. DwnShare is not responsible or liable for the acts, omissions, agreements, promises, content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.

11. License Grant.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Member Content URLs, Site, Services and associated content (collectively, "DwnShare Content"). DwnShare may terminate this license at any time for any reason. Unless otherwise expressly authorized by DwnShare, you may only use the Site and the DwnShare Content for your own personal, non-commercial use. No part of the DwnShare Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect DwnShare Content except as expressly permitted by DwnShare. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer DwnShare Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the DwnShare Content. You may not use the DwnShare Content in conjunction with any other third-party content. You may not exploit any aspect of the DwnShare Content for any commercial purposes not expressly permitted by DwnShare. You further agree to indemnify and hold harmless DwnShare for your failure to comply with this Section 12. DwnShare reserves any rights not explicitly granted in the Agreement.

12. Proprietary Rights.
The DwnShare Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the DwnShare Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the DwnShare Content is strictly prohibited. You do not acquire ownership rights to any DwnShare Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.

13. Copyright Infringement Notice.
Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, DwnShare reserves the right to terminate the account of any Member who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to DwnShare and later confirmation through court order or an admission by the applicable Member that an account has been an instrument of unlawful infringement, DwnShare reserves the right to terminate the infringing Member's account and access to the Site and/or Services. DwnShare may also, in its sole discretion, decide to terminate a Member's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), DwnShare has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. DwnShare respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact DwnShare the form here.

14. Legal Warning.
Any attempt by any individual, whether or not an DwnShare customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and DwnShare will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

15. Representations and Warranties.
Member hereby represents and warrants to DwnShare that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Member Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Member Content and any use thereof.

16. Indemnification.
You agree to indemnify and hold DwnShare, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the DwnShare Content in any way; (b) your breach of the Agreement; (c) the Member Content; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of DwnShare, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

17. Disclaimer of Warranties.
THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DwnShare MAKES NO WARRANTY THAT THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DwnShare WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, FILE MANAGER AND/OR MEMBER CONTENT URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DwnShare OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

18. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DwnShare SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DwnShare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DwnShare FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DwnShare TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED DOLLARS ($200.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR DwnShare MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DwnShare. ACCESS TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS DwnShare'S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Third Party Websites.
The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. DwnShare does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by DwnShare of the applicable website or any association with the website's operators. Because DwnShare has no control over such websites and resources, you agree that DwnShare is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that DwnShare shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

20. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.

21. Miscellaneous.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

22. How to Contact Us.
For any other questions or concerns please contact us on contact@Dwn.So